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  • Commentaries

Scotland Case Commentaries

Affirming Planning Discretion in Evaluating the Impact on Listed Buildings: Liddell v Argyll and Bute Council [2020] ScotCS CSIH_30

Affirming Planning Discretion in Evaluating the Impact on Listed Buildings: Liddell v Argyll and Bute Council [2020] ScotCS CSIH_30

Date: Jun 11, 2020
Affirming Planning Discretion in Evaluating the Impact on Listed Buildings: Liddell v Argyll and Bute Council [2020] ScotCS CSIH_30 Introduction In the case of Colin Liddell and Others against Argyll...
Defining 'Clearly Unfounded' for Article 8 Human Rights Claims in UK Immigration: Tsiklauri v Home Department

Defining 'Clearly Unfounded' for Article 8 Human Rights Claims in UK Immigration: Tsiklauri v Home Department

Date: Jun 11, 2020
Defining 'Clearly Unfounded' for Article 8 Human Rights Claims in UK Immigration: Tsiklauri and Sidamonidze v Secretary of State for the Home Department [2020] ScotCS CSIH_31 Introduction The case of...
Reclaiming Judicial Review Rights: The Saleemi Appeal Decision

Reclaiming Judicial Review Rights: The Saleemi Appeal Decision

Date: Jun 11, 2020
Reclaiming Judicial Review Rights: The Saleemi Appeal Decision 1. Introduction The case of Saleemi and Others vs. Secretary of State for the Home Department ([2020] ScotCS CSIH_32) adjudicated by the...
Apportionment of Service Charges in Commercial Leases: Insights from Toscaig Ltd v Poundland Ltd [2020] ScotCS CSOH_59

Apportionment of Service Charges in Commercial Leases: Insights from Toscaig Ltd v Poundland Ltd [2020] ScotCS CSOH_59

Date: Jun 11, 2020
Apportionment of Service Charges in Commercial Leases: Insights from Toscaig Ltd v Poundland Ltd [2020] ScotCS CSOH_59 Introduction The case of Toscaig Ltd against Poundland Ltd ([2020] ScotCS...
Rectification of Deed of Conditions: PHG Developments v Lothian Amusements Limited [2020] CSOH 58

Rectification of Deed of Conditions: PHG Developments v Lothian Amusements Limited [2020] CSOH 58

Date: Jun 10, 2020
Rectification of Deed of Conditions: PHG Developments v Lothian Amusements Limited [2020] CSOH 58 Introduction The case of PHG Developments Scot Limited (In Liquidation) v Lothian Amusements Limited...
Reclaiming Judicial Review in Asylum Cases: An Analysis of [2020] CSIH 29

Reclaiming Judicial Review in Asylum Cases: An Analysis of [2020] CSIH 29

Date: Jun 6, 2020
Reclaiming Judicial Review in Asylum Cases: An Analysis of [2020] CSIH 29 Introduction The case AA v McKinlay, OAG ([2020] CSIH 29) addresses the complexities involved in asylum appeals within the...
High Court Upholds Extradition Despite Uncommenced Forum Bar Provisions in Scotland: Key Legal Implications

High Court Upholds Extradition Despite Uncommenced Forum Bar Provisions in Scotland: Key Legal Implications

Date: Jun 4, 2020
High Court Upholds Extradition Despite Uncommenced Forum Bar Provisions in Scotland: Key Legal Implications Introduction In the landmark case James Craig v. Her Majesty's Advocate ([2020] HCJAC 22),...
Enforcement of Assignations and the Limitations on Defenses in Scottish Debt Repayment Actions

Enforcement of Assignations and the Limitations on Defenses in Scottish Debt Repayment Actions

Date: May 30, 2020
Enforcement of Assignations and the Limitations on Defenses in Scottish Debt Repayment Actions Introduction The case of Promontoria (Chestnut) Limited against The Firm of Ballantyne Property Services...
MacBean v Scottish Water [2020]: Defining the Limits of Acceptable Odour Nuisance in Environmental Law

MacBean v Scottish Water [2020]: Defining the Limits of Acceptable Odour Nuisance in Environmental Law

Date: May 30, 2020
MacBean v Scottish Water [2020]: Defining the Limits of Acceptable Odour Nuisance in Environmental Law Introduction The case of William MacBean against Scottish Water ([2020] ScotCS CSOH_55)...
Establishing Standards for Interim Defamation Orders in Online Publications: British Gas Trading Ltd v McPherson [2020] ScotCS CSOH_62

Establishing Standards for Interim Defamation Orders in Online Publications: British Gas Trading Ltd v McPherson [2020] ScotCS CSOH_62

Date: May 30, 2020
Establishing Standards for Interim Defamation Orders in Online Publications: British Gas Trading Ltd v McPherson [2020] ScotCS CSOH_62 Introduction The case of British Gas Trading Ltd and Centrica...
BAM TCP Atlantic Square Ltd v British Telecommunications Plc: Establishing Common Property Rights in Land Ownership

BAM TCP Atlantic Square Ltd v British Telecommunications Plc: Establishing Common Property Rights in Land Ownership

Date: May 30, 2020
BAM TCP Atlantic Square Ltd v British Telecommunications Plc: Establishing Common Property Rights in Land Ownership Introduction The case of BAM TCP Atlantic Square Ltd against (First) British...
Reaffirmation of Informed Consent Standards under Montgomery in Clinical Negligence: McNab v Greater Glasgow Health Board [2020] CSOH 53

Reaffirmation of Informed Consent Standards under Montgomery in Clinical Negligence: McNab v Greater Glasgow Health Board [2020] CSOH 53

Date: May 29, 2020
Reaffirmation of Informed Consent Standards under Montgomery in Clinical Negligence: McNab v Greater Glasgow Health Board [2020] CSOH 53 Introduction The case of ALAN MCNAB AND OTHERS AGAINST GREATER...
Fair Division of Matrimonial Property Amidst Complex Business Valuations and Debt: Insights from SCA v MMA [2020] CSOH 54

Fair Division of Matrimonial Property Amidst Complex Business Valuations and Debt: Insights from SCA v MMA [2020] CSOH 54

Date: May 29, 2020
Fair Division of Matrimonial Property Amidst Complex Business Valuations and Debt: Insights from SCA v MMA [2020] CSOH 54 Introduction SCA, the wife, initiated divorce proceedings against her...
Judicial Review of Immigration Decision under Article 8 ECHR: BK v Secretary of State for the Home Department [2020] CSOH 52

Judicial Review of Immigration Decision under Article 8 ECHR: BK v Secretary of State for the Home Department [2020] CSOH 52

Date: May 29, 2020
Judicial Review of Immigration Decision under Article 8 ECHR: BK v Secretary of State for the Home Department [2020] CSOH 52 Introduction The case of BK v Secretary of State for the Home Department...
Clarifying Arbitrator Awards: A Comprehensive Analysis of Bartos v Thomson [2020] CSOH 51

Clarifying Arbitrator Awards: A Comprehensive Analysis of Bartos v Thomson [2020] CSOH 51

Date: May 29, 2020
Clarifying Arbitrator Awards: A Comprehensive Analysis of Bartos v Thomson [2020] CSOH 51 Introduction The case of Bartos v Thomson ([2020] CSOH 51) adjudicated by the Scottish Court of Session...
Stuart Campbell v Kezia Dugdale: Reinforcing Fair Comment Defence and Assessing Appropriate Solatium in Defamation

Stuart Campbell v Kezia Dugdale: Reinforcing Fair Comment Defence and Assessing Appropriate Solatium in Defamation

Date: May 28, 2020
Stuart Campbell v Kezia Dugdale: Reinforcing Fair Comment Defence and Assessing Appropriate Solatium in Defamation Introduction The case of Stuart Campbell against Kezia Dugdale ([2020] CSIH 27)...
Enforcing Natural Justice in Partnership Expulsions: Rennie v Rennie [2020] CSOH 49

Enforcing Natural Justice in Partnership Expulsions: Rennie v Rennie [2020] CSOH 49

Date: May 27, 2020
Enforcing Natural Justice in Partnership Expulsions: Rennie v Rennie [2020] CSOH 49 Introduction The case of Ian Graham Rennie against Mark Douglas St Clair Rennie ([2020] CSOH 49) adjudicated by the...
Ensuring Fair Trials in Sexual Offence Proceedings: Lessons from Macdonald v HM Advocate [2020]

Ensuring Fair Trials in Sexual Offence Proceedings: Lessons from Macdonald v HM Advocate [2020]

Date: May 27, 2020
Ensuring Fair Trials in Sexual Offence Proceedings: Lessons from Macdonald v HM Advocate [2020] Introduction The case of Macdonald v HM Advocate [2020] ScotHC HCJAC_21 serves as a critical...
Grant Thornton UK LLP v McMahon [2020] CSOH_50: Defining the Scope of Tax Advisory Duties

Grant Thornton UK LLP v McMahon [2020] CSOH_50: Defining the Scope of Tax Advisory Duties

Date: May 27, 2020
Grant Thornton UK LLP v McMahon [2020] CSOH_50: Defining the Scope of Tax Advisory Duties Introduction The case of Hugh McMahon against Grant Thornton UK LLP ([2020] ScotCS CSOH_50) was adjudicated...
Reaffirmation of Corroboration Standards and Admissibility of Docket Evidence in Sexual Offences Cases

Reaffirmation of Corroboration Standards and Admissibility of Docket Evidence in Sexual Offences Cases

Date: May 23, 2020
Reaffirmation of Corroboration Standards and Admissibility of Docket Evidence in Sexual Offences Cases Introduction The case of RKS against Her Majesty's Advocate ([2020] ScotHC HCJAC_19) adjudicated...
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