Scotland Case Commentaries

Scottish Court of Session Establishes New Standards for Electronic Communications Code Applications

Date: May 8, 2021

Scottish Court of Session Establishes New Standards for Electronic Communications Code Applications Introduction The appeal case titled EE Ltd and Hutchison 3G UK Ltd v John Stewart Duncan ([2021]...

Clarifying Joint Criminal Responsibility in Stalking: Insights from Miller v. Her Majesty's Advocate [2021]

Date: May 7, 2021

Clarifying Joint Criminal Responsibility in Stalking: Insights from Miller v. Her Majesty's Advocate [2021] Introduction The case of Kevin Miller and Lauren Miller against Her Majesty's Advocate...

Insufficient Reasoning in Parole Decisions: Crawford v Parole Board for Scotland

Date: May 7, 2021

Insufficient Reasoning in Parole Decisions: Crawford v Parole Board for Scotland Introduction The case of Patrick Crawford v Parole Board for Scotland ([2021] ScotCS CSOH_44) addresses a critical...

Novation and Contractual Obligations in Commercial Relationships: OMI Facilities Ltd v Bellhill Ltd [2021] CSOH_46

Date: May 6, 2021

Novation and Contractual Obligations in Commercial Relationships: OMI Facilities Ltd v Bellhill Ltd [2021] CSOH_46 Introduction The case of OMI Facilities Limited v Bellhill Limited ([2021] CSOH...

Enforceability of Personal Bonds and Limits on Unfair Relationships Under the Consumer Credit Act: Bellhill Ltd v Rajinder Bains

Date: May 6, 2021

Enforceability of Personal Bonds and Limits on Unfair Relationships Under the Consumer Credit Act: Bellhill Ltd v Rajinder Bains Introduction BELLHILL LTD AGAINST RAJINDER BAINS ([2021] CSOH 48) is a...

Scottish Court of Session Establishes Liability of Bellhill Limited in OMI Management Ltd vs Bellhill Ltd

Date: May 6, 2021

Scottish Court of Session Establishes Liability of Bellhill Limited in OMI Management Ltd vs Bellhill Ltd Introduction The case of OMI Management Ltd v Bellhill Ltd ([2021] ScotCS CSOH 47)...

Repetition of Sums in Bellhill Ltd v Rajinder Bains: Establishing Accountability in Hotel Management

Date: May 6, 2021

Repetition of Sums in Bellhill Ltd v Rajinder Bains: Establishing Accountability in Hotel Management Introduction The case of Bellhill Limited against Rajinder Bains ([2021] ScotCS CSOH_48)...

Declarators and Legislative Competence: Insights from RECLAIMING MOTION BY MARTIN JAMES KEATINGS AGAINST THE ADVOCATE GENERAL AND ANOTHER ([2021] CSIH 25)

Date: May 1, 2021

Declarators and Legislative Competence: Insights from RECLAIMING MOTION BY MARTIN JAMES KEATINGS AGAINST THE ADVOCATE GENERAL AND ANOTHER ([2021] CSIH 25) Introduction The case titled Reclaiming...

Validity of Historical Conveyances and Interpretation of Land Boundaries: LeafRealm Land Ltd vs. City of Edinburgh Council and Others

Date: May 1, 2021

Validity of Historical Conveyances and Interpretation of Land Boundaries: LeafRealm Land Ltd vs. City of Edinburgh Council and Others Introduction The case of LeafRealm Land Ltd ("the Reclaimer")...

Ensuring Evidential Integrity in Asylum Appeals: ALSHAMMARI v Secretary of State for the Home Department [2021]

Date: May 1, 2021

Ensuring Evidential Integrity in Asylum Appeals: ALSHAMMARI v Secretary of State for the Home Department [2021] Introduction The case of APPEAL BY MR SAMI KAREEM ALSHAMMARI AGAINST SECRETARY OF STATE...

Enhancing Sentencing Guidelines for Assaulting Police Officers During a Pandemic

Date: Apr 28, 2021

Enhancing Sentencing Guidelines for Assaulting Police Officers During a Pandemic Introduction The case of Gordon Dewar and Barry McLean vs. Her Majesty's Advocate ([2021] HCJAC 28) presents...

No Unlawful Conditions on Parole Decisions During Exceptional Circumstances: Analysis of [2021] CSOH 42

Date: Apr 28, 2021

No Unlawful Conditions on Parole Decisions During Exceptional Circumstances: Analysis of [2021] CSOH 42 Introduction The case Brian Hands v. Parole Board for Scotland ([2021] CSOH 42) presents a...

Liability in Design Contracts: A Comprehensive Analysis of Arbitration Appeal No 1 of 2021

Date: Apr 24, 2021

Liability in Design Contracts: A Comprehensive Analysis of Arbitration Appeal No 1 of 2021 Introduction Arbitration Appeal No 1 of 2021 ([2021] ScotCS CSOH_41) is a pivotal case adjudicated by the...

Consistent Sentencing in Large-Scale Benefits Fraud: RA v HM Advocate [2021] HCJAC 27

Date: Apr 24, 2021

Consistent Sentencing in Large-Scale Benefits Fraud: RA v HM Advocate [2021] HCJAC 27 Introduction The case of RA against Her Majesty's Advocate ([2021] HCJAC 27) was adjudicated by the Scottish High...

Significant Shift in Limitation Law for Childhood Abuse Claims: Commentary on B v. Sailors' Society & C v. Sailors' Society ([2021] ScotCS CSOH_62)

Date: Apr 21, 2021

Significant Shift in Limitation Law for Childhood Abuse Claims: Commentary on B v. Sailors' Society & C v. Sailors' Society ([2021] ScotCS CSOH_62) Introduction The cases of B v. Sailors' Society and...

Binding Certification of Repair Costs Under Lease Agreements: Insights from COAL PENSION PROPERTIES LTD v TECHNIP UK LTD [2021] CSOH 39

Date: Apr 15, 2021

Binding Certification of Repair Costs Under Lease Agreements: Insights from COAL PENSION PROPERTIES LTD v TECHNIP UK LTD [2021] CSOH 39 Introduction The case of COAL PENSION PROPERTIES LTD vs TECHNIP...

Establishing Fiduciary Liability in Unincorporated Associations: Insights from The Shore Porters' Society of Aberdeen v Brown [2021] ScotCS CSOH_37

Date: Apr 14, 2021

Establishing Fiduciary Liability in Unincorporated Associations: Insights from The Shore Porters' Society of Aberdeen v Brown [2021] ScotCS CSOH_37 Introduction The case of The Shore Porters' Society...

Enforceability of Non-Compete Clauses in Recruitment Consultancy: Insights from APEX RESOURCES LTD v Ross MacDougall [2021] ScotCS CSOH_40

Date: Apr 10, 2021

Enforceability of Non-Compete Clauses in Recruitment Consultancy: Insights from APEX RESOURCES LTD v Ross MacDougall [2021] ScotCS CSOH_40 Introduction The case of APEX RESOURCES LTD v Ross...

Establishing 'New Public' Communication in Copyright Infringement: SKY UK v Alex Cherrie [2021] CSOH 36

Date: Apr 7, 2021

Establishing 'New Public' Communication in Copyright Infringement: SKY UK v Alex Cherrie [2021] CSOH 36 Introduction The case of SKY UK LIMITED AGAINST ALEX CHERRIE ([2021] CSOH 36) presented before...

McCulloch v Forth Valley Health Board: Clarifying the Scope of Montgomery and the Application of the Bolitho Test in Medical Negligence

Date: Apr 2, 2021

McCulloch v Forth Valley Health Board: Clarifying the Scope of Montgomery and the Application of the Bolitho Test in Medical Negligence Introduction In the case of Jennifer McCulloch and Others...