Scotland Case Commentaries

Refugee Entitlement to Backdated Child Tax Credits Amid Universal Credit Transition – [2021] CSOH 63

Date: Jun 16, 2021

Refugee Entitlement to Backdated Child Tax Credits Amid Universal Credit Transition – [2021] CSOH 63 Introduction The case of Ali Adnan and Mrs. Saima Adnan versus Her Majesty's Revenue and Customs...

Survival of Performance Bonus Schemes Post-Termination: Insights from Gavin Loudon vs Stewart Milne Group Ltd [2021] CSOH 61

Date: Jun 12, 2021

Survival of Performance Bonus Schemes Post-Termination: Insights from Gavin Loudon vs Stewart Milne Group Ltd [2021] CSOH 61 Introduction The case of Gavin Loudon against Stewart Milne Group Limited...

Establishing Credibility in Asylum Claims: FI (AP) v. Secretary of State for Home Department [2021] CSIH 31

Date: Jun 12, 2021

Establishing Credibility in Asylum Claims: FI (AP) v. Secretary of State for Home Department [2021] CSIH 31 Introduction The case of FI (AP) v. Secretary of State for the Home Department ([2021] CSIH...

Reverse Onus Standard in Negligent Driving Cases with Prior Guilty Pleas: Insights from Cameron v Swan ([2021] ScotCS CSIH_30)

Date: Jun 11, 2021

Reverse Onus Standard in Negligent Driving Cases with Prior Guilty Pleas Insights from Cameron v Swan ([2021] ScotCS CSIH_30) Introduction The case of Samuel Cameron against Martin Swan and Another...

Criminal Nature of Contempt Proceedings in Scottish Law Confirmed in HMA vs Murray

Date: Jun 9, 2021

Criminal Nature of Contempt Proceedings in Scottish Law Confirmed in HMA vs Murray Introduction The case of Her Majesty's Advocate vs. Craig Murray ([2021] HCJ 3) adjudicated by the Scottish High...

Ciarrocca v Ciarrocca: Establishing Grounds for Executor Removal Due to Malversation

Date: Jun 3, 2021

Ciarrocca v Ciarrocca: Establishing Grounds for Executor Removal Due to Malversation Introduction Ciarrocca v Ciarrocca [2021] CSOH 59 is a landmark judgment by the Scottish Court of Session that...

Res Judicata Affirmed in Interdict Proceedings: Martin Wilson v Welsh; MBS Solicitors [2021]

Date: Jun 2, 2021

Res Judicata Affirmed in Interdict Proceedings: Martin Wilson v Welsh; MBS Solicitors [2021] Introduction The case of Martin Wilson v Welsh; MBS Solicitors ([2021] ScotCS CSOH_58) before the Scottish...

Scottish Court of Session Establishes New Precedent on Early Release of Foreign National Prisoners

Date: Jun 2, 2021

Scottish Court of Session Establishes New Precedent on Early Release of Foreign National Prisoners Introduction The case of Harpreet Singh v Scottish Ministers ([2021] CSOH 57) presents a significant...

Right to Self-Directed Support Choices under the Social Care (Self-Directed Support) (Scotland) Act 2013: Andrew Lennon v NHS Highland

Date: May 29, 2021

Right to Self-Directed Support Choices under the Social Care (Self-Directed Support) (Scotland) Act 2013: Andrew Lennon v NHS Highland Introduction In the case of Andrew Lennon against NHS Highland...

Establishing Unfair Advantage in Trade Mark Infringement: Grant & Sons v Lidl [2021] CSOH 55

Date: May 26, 2021

Establishing Unfair Advantage in Trade Mark Infringement: Grant & Sons v Lidl [2021] CSOH 55 1. Introduction The case of William Grant & Sons Irish Brands Limited v Lidl Stiftung & Co KG and Others...

Expansion of HCCI Debt Interpretation in Intercreditor Agreements Under [2021] ScotCS CSOH_53

Date: May 22, 2021

Expansion of HCCI Debt Interpretation in Intercreditor Agreements Under [2021] ScotCS CSOH_53 Introduction The case of HCC International Insurance Company PLC against The Scottish Ministers ([2021]...

Rectification of Security Documents to Reflect True Debtor: UK Agricultural Lending Ltd v Hamilton Orr Limited [2021] CSOH 54

Date: May 22, 2021

Rectification of Security Documents to Reflect True Debtor: UK Agricultural Lending Ltd v Hamilton Orr Limited [2021] CSOH 54 Introduction The case of UK Agricultural Lending Limited versus Hamilton...

Interpretation of Schedule 10 Anti-Avoidance Provisions under the Value Added Tax Act 1994: The Mouldsdale Properties Case

Date: May 21, 2021

Interpretation of Schedule 10 Anti-Avoidance Provisions under the Value Added Tax Act 1994: The Mouldsdale Properties Case Introduction The case of David Mouldsdale, trading as Mouldsdale Properties...

Regulating Parental Contact Post-Divorce Amidst Conflicting Allegations of Abuse: An Analysis of SM v AN [2021] ScotCS CSOH_60

Date: May 20, 2021

Regulating Parental Contact Post-Divorce Amidst Conflicting Allegations of Abuse: An Analysis of SM v AN [2021] ScotCS CSOH_60 Introduction The case of SM against AN ([2021] ScotCS CSOH_60) presents...

Certification of Skilled Persons and Additional Charges in Judicial Proceedings: Analysis of [2021] CSOH 52

Date: May 20, 2021

Certification of Skilled Persons and Additional Charges in Judicial Proceedings: Analysis of [2021] CSOH 52 Introduction The case of Reverend Dr William JU Philip and Others vs. The Scottish...

Kelly v SCCRC [2021]: Clarifying the Boundaries of Defective Representation in Scottish Criminal Appeals

Date: May 19, 2021

Kelly v Scottish Criminal Cases Review Commission [2021] CSOH 51: Clarifying the Boundaries of Defective Representation in Scottish Criminal Appeals Introduction The case of Paul Vincent Kelly v...

Self-Defence Exclusion in Criminal Conviction: Morrison v. Her Majesty's Advocate [2021]

Date: May 14, 2021

Self-Defence Exclusion in Criminal Conviction: Morrison v. Her Majesty's Advocate [2021] Introduction The case of Aaron Robert Dines known as Morrison versus Her Majesty's Advocate was adjudicated in...

Reaffirmation of Section 238(1) of the Local Government (Scotland) Act 1947: Comprehensive Commentary on [2021] CSIH 28

Date: May 12, 2021

Reaffirmation of Section 238(1) of the Local Government (Scotland) Act 1947: Comprehensive Commentary on [2021] CSIH 28 Introduction The case of Brian Philp v. Highland Council ([2021] CSIH 28)...

Clarifying Tacit Relocation: Insights from Rockford Trilogy Ltd vs NCR Ltd [2021] CSOH 49

Date: May 8, 2021

Clarifying Tacit Relocation: Insights from Rockford Trilogy Ltd vs NCR Ltd [2021] CSOH 49 Introduction The case of Rockford Trilogy Ltd vs NCR Ltd ([2021] CSOH 49) adjudicated by the Scottish Court...

Establishing Habitual Residence Under the Hague Convention: Insights from ML v. JH [2021] ScotCS CSOH_50

Date: May 8, 2021

Establishing Habitual Residence Under the Hague Convention: Insights from ML v. JH [2021] ScotCS CSOH_50 Introduction The case ML v. JH ([2021] ScotCS CSOH_50) adjudicated by the Scottish Court of...