Scotland Case Commentaries

Reaffirming the Criteria for Dominus Litis in Scottish Law: Reactec Ltd v Curotec Team Ltd [2021] CSOH 72

Date: Jul 17, 2021

Reaffirming the Criteria for Dominus Litis in Scottish Law: Reactec Ltd v Curotec Team Ltd [2021] CSOH 72 Introduction The case of Reactec Ltd v Curotec Team Ltd [2021] CSOH 72 was heard in the...

Procedural Fairness in Police Misconduct Hearings: Insights from R and Others v Chief Constable of the Police Service of Scotland

Date: Jul 17, 2021

Procedural Fairness in Police Misconduct Hearings: Insights from R and Others v Chief Constable of the Police Service of Scotland ([2021] ScotCS CSOH_73) Introduction The case of R and Others v Chief...

Establishing Shared Residence Arrangements in Family Law: Insights from AH Against SH [2021] CSOH 71

Date: Jul 17, 2021

Establishing Shared Residence Arrangements in Family Law: Insights from AH Against SH [2021] CSOH 71 Introduction The case of AH Against SH [2021] CSOH 71 was heard in the Outer House of the Scottish...

Tenant’s Repair Obligations Limited to Ordinary Repairs: Kilmac Properties Ltd v Tesco Stores Ltd [2021] CSOH 70

Date: Jul 17, 2021

Tenant’s Repair Obligations Limited to Ordinary Repairs: Kilmac Properties Ltd v Tesco Stores Ltd [2021] CSOH 70 Introduction The case of Kilmac Properties Limited (the Pursuer) versus Tesco Stores...

Causation in Professional Negligence Pleadings: Insights from Kevin Dunn v Greater Glasgow Health Board [2021] CSOH 68

Date: Jul 14, 2021

Causation in Professional Negligence Pleadings: Insights from Kevin Dunn v Greater Glasgow Health Board [2021] CSOH 68 Introduction The case of Kevin Dunn v Greater Glasgow Health Board ([2021] CSOH...

Scott Wilson Scotland Ltd [2021] ScotCS CSIH_37: Clarifying Duty of Care in Environmental Remediation for Residential Developments

Date: Jul 8, 2021

Scott Wilson Scotland Ltd [2021] ScotCS CSIH_37: Clarifying Duty of Care in Environmental Remediation for Residential Developments Introduction The case of Angela McManus and Robert McManus against...

Scottish Court of Session Establishes Rigorous Standards for Nuisance Claims in Waste Water Treatment Plant Cases

Date: Jul 8, 2021

Scottish Court of Session Establishes Rigorous Standards for Nuisance Claims in Waste Water Treatment Plant Cases Introduction The case of William MacBean vs Scottish Water ([2021] CSIH 36) presents...

Dismissing Employees Based on Unconfirmed Misconduct: Insights from APPEAL BY L AGAINST K ([2021] CSIH 35)

Date: Jul 8, 2021

Dismissing Employees Based on Unconfirmed Misconduct: Insights from APPEAL BY L AGAINST K ([2021] CSIH 35) Introduction The case, APPEAL BY L AGAINST K ([2021] CSIH 35), adjudicated by the Inner...

Limits of Rule 2.1 in Reclaiming Interlocutors: KOSNO v ROBERTSON [2021] CSOH 79

Date: Jul 5, 2021

Limits of Rule 2.1 in Reclaiming Interlocutors: KOSNO v ROBERTSON [2021] CSOH 79 Introduction The case of Wojciech Kosno versus Dean Robertson ([2021] CSOH 79) adjudicated by the Scottish Court of...

Enforceability of Indicative Terms and Oral Promises in Loan Agreements: Analysis of G1 Properties Limited v. The Royal Bank of Scotland PLC ([2021] CSOH 78)

Date: Jul 4, 2021

Enforceability of Indicative Terms and Oral Promises in Loan Agreements: Analysis of G1 Properties Limited v. The Royal Bank of Scotland PLC ([2021] CSOH 78) Introduction The case of G1 Properties...

Provocation in Culpable Homicide: Insights from HCJAC 35

Date: Jul 2, 2021

Provocation in Culpable Homicide: Insights from HCJAC 35 Introduction The Scottish High Court of Justiciary delivered a pivotal judgment in the case of Paul Stuart Smith v. Her Majesty's Advocate...

Compulsory Purchase and Compensation: Insights from the Scottish Court of Session's Decision in SRUC v Scottish Ministers

Date: Jun 24, 2021

Compulsory Purchase and Compensation: Insights from the Scottish Court of Session's Decision in SRUC v Scottish Ministers Introduction The case of Scottish Ministers v Scotland's Rural College (SRUC)...

Mutual Corroboration Standards in Sexual Offence Cases: Analysis of John Deeney's Conviction

Date: Jun 24, 2021

Mutual Corroboration Standards in Sexual Offence Cases: Analysis of John Deeney's Conviction Introduction The case of John Deeney vs. Her Majesty's Advocate ([2021] HCJAC 33) presents a pivotal...

Validity and Enforceability of Divorce Settlements: Insights from D v D ([2021] CSOH 66)

Date: Jun 24, 2021

Validity and Enforceability of Divorce Settlements: Insights from D v D ([2021] CSOH 66) Introduction The case of D v D ([2021] CSOH 66) adjudicated by the Scottish Court of Session's Outer House on...

Armstrong v HM Advocate [2021] ScotHC: Reinforcing Comparative Justice in Sentencing

Date: Jun 24, 2021

Armstrong v HM Advocate [2021] ScotHC: Reinforcing Comparative Justice in Sentencing Introduction Armstrong v HM Advocate [2021] ScotHC HCJAC_34 is a significant case adjudicated by the Scottish High...

Reaffirming Procedural Safeguards in Extradition: The DaJa Case

Date: Jun 23, 2021

Reaffirming Procedural Safeguards in Extradition: The DaJa Case Introduction The case of Shkëlqim DaJa represents a pivotal moment in extradition law within the United Kingdom, particularly...

Scottish Court of Session Sets Precedent on Matrimonial Property Division Following Lottery Win

Date: Jun 23, 2021

Scottish Court of Session Sets Precedent on Matrimonial Property Division Following Lottery Win Introduction In the landmark case HAJ against NJ and Others ([2021] ScotCS CSOH_67), the Scottish Court...

Maintaining Public Confidence vs. Freedom of Expression: Insights from Steele v Deputy Chief Constable

Date: Jun 23, 2021

Maintaining Public Confidence vs. Freedom of Expression: Insights from Steele v Deputy Chief Constable Introduction In the case of Calum Steele v Deputy Chief Constable ([2021] CSOH 65), the Scottish...

Assessing Misdirections in Joint Liability Cases: MacDougall and Smith v Her Majesty's Advocate [2021] HCJAC 32

Date: Jun 23, 2021

Assessing Misdirections in Joint Liability Cases: MacDougall and Smith v Her Majesty's Advocate [2021] HCJAC 32 Introduction The case of Ross MacDougall and Dawn Smith versus Her Majesty's Advocate...

Reaffirmation of the Duty to Account in Scottish Limited Partnerships: Insights from Herberstein v TDR Capital [2021] CSOH 64

Date: Jun 19, 2021

Reaffirmation of the Duty to Account in Scottish Limited Partnerships: Insights from Herberstein v TDR Capital [2021] CSOH 64 Introduction The case of Johann Maximilian Herberstein against (First)...