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  • Commentaries

Scotland Case Commentaries

Amendments to Pleadings and Discretion in Reclaiming Motions: Insights from Cowan v Lanarkshire Housing Association Ltd [2020]

Amendments to Pleadings and Discretion in Reclaiming Motions: Insights from Cowan v Lanarkshire Housing Association Ltd [2020]

Date: May 22, 2020
Amendments to Pleadings and Discretion in Reclaiming Motions: Insights from Cowan v Lanarkshire Housing Association Ltd [2020] Introduction The case Cowan v Lanarkshire Housing Association Ltd...
Interpretation of Wage Drift Provisions in PFI Contracts: SERCO LTD v FORTH HEALTH LTD [2020] CSOH 48

Interpretation of Wage Drift Provisions in PFI Contracts: SERCO LTD v FORTH HEALTH LTD [2020] CSOH 48

Date: May 21, 2020
Interpretation of Wage Drift Provisions in PFI Contracts: SERCO LTD v FORTH HEALTH LTD [2020] CSOH 48 1. Introduction The case of Serco Ltd against Forth Health Ltd ([2020] ScotCS CSOH_48) before the...
Duty of Care in Environmental Consulting: Scottish Court of Session in ANGELA MCMANUS v Scott Wilson Scotland Ltd

Duty of Care in Environmental Consulting: Scottish Court of Session in ANGELA MCMANUS v Scott Wilson Scotland Ltd

Date: May 20, 2020
Duty of Care in Environmental Consulting: Scottish Court of Session in ANGELA MCMANUS v Scott Wilson Scotland Ltd Introduction The case of Angela McManus and Robert McManus v Scott Wilson Scotland...
Insurer’s Non-Waiver of Disclosure Rights in Absence of Explicit Waiver – [2020] CSIH25

Insurer’s Non-Waiver of Disclosure Rights in Absence of Explicit Waiver – [2020] CSIH25

Date: May 20, 2020
Insurer’s Non-Waiver of Disclosure Rights in Absence of Explicit Waiver – [2020] CSIH25 Introduction The case of Wayne Stephen Gardner Young vs. Royal and Sun Alliance Insurance plc ([2020] CSIH 25)...
Upholding the Reality Principle in Property Valuation Arbitrations: Insights from [2020] CSOH 46

Upholding the Reality Principle in Property Valuation Arbitrations: Insights from [2020] CSOH 46

Date: May 20, 2020
Upholding the Reality Principle in Property Valuation Arbitrations: Insights from [2020] CSOH 46 Introduction The case of Petition in Arbitration Appeal No.4 of 2019 ([2020] CSOH 46) presents a...
Procedural Fairness in Prisoner Progression: Analysis of Lee Brown's Judicial Review

Procedural Fairness in Prisoner Progression: Analysis of Lee Brown's Judicial Review

Date: May 20, 2020
Procedural Fairness in Prisoner Progression: Analysis of Lee Brown's Judicial Review Introduction The case of Lee Brown challenges the decision-making process of the Scottish Ministers regarding the...
Restoration of Dissolved Companies under Companies Act 2006: A New Precedent from the Scottish Court of Session in Reclaiming Motion by MCR Oil Tools LLC

Restoration of Dissolved Companies under Companies Act 2006: A New Precedent from the Scottish Court of Session in Reclaiming Motion by MCR Oil Tools LLC

Date: May 16, 2020
Restoration of Dissolved Companies under Companies Act 2006: A New Precedent from the Scottish Court of Session in Reclaiming Motion by MCR Oil Tools LLC Introduction The case of Reclaiming Motion by...
Comprehensive Analysis of ZL v Secretary of State for the Home Department [2020] CSOH 44

Comprehensive Analysis of ZL v Secretary of State for the Home Department [2020] CSOH 44

Date: May 15, 2020
Comprehensive Analysis of ZL v Secretary of State for the Home Department [2020] CSOH 44 Introduction The case of ZL Against the Secretary of State for the Home Department ([2020] CSOH 44)...
Implied Contract Terms and Termination: Insights from Patersons of Greenockhill Ltd v Glasgow City Council [2020] CSOH 43

Implied Contract Terms and Termination: Insights from Patersons of Greenockhill Ltd v Glasgow City Council [2020] CSOH 43

Date: May 15, 2020
Implied Contract Terms and Termination: Insights from Patersons of Greenockhill Ltd v Glasgow City Council [2020] CSOH 43 Introduction The case of Patersons of Greenockhill Ltd v Glasgow City Council...
Establishing Higher Standards for Interim Interdicts in Defamation Cases: Insights from British Gas Trading Ltd v McPherson

Establishing Higher Standards for Interim Interdicts in Defamation Cases: Insights from British Gas Trading Ltd v McPherson

Date: May 14, 2020
Establishing Higher Standards for Interim Interdicts in Defamation Cases: Insights from British Gas Trading Ltd v McPherson Introduction The case of British Gas Trading Limited and Centrica Plc v...
Hybrid Interpretation of Guarantees in Construction Contracts: Buchan Biogas Ltd v BSC Civil Engineering Ltd [2020]

Hybrid Interpretation of Guarantees in Construction Contracts: Buchan Biogas Ltd v BSC Civil Engineering Ltd [2020]

Date: May 14, 2020
Hybrid Interpretation of Guarantees in Construction Contracts: Buchan BioGas Ltd v BSC Civil Engineering Ltd [2020] Introduction The case of Buchan BioGas Ltd v BSC Civil Engineering Ltd ([2020]...
Enhancing Disclosure Obligations in Sale and Purchase Agreements: The Ardmair Bay Holdings Ltd v James Douglas Craig Decision

Enhancing Disclosure Obligations in Sale and Purchase Agreements: The Ardmair Bay Holdings Ltd v James Douglas Craig Decision

Date: May 13, 2020
Enhancing Disclosure Obligations in Sale and Purchase Agreements: The Ardmair Bay Holdings Ltd v James Douglas Craig Decision Introduction The legal landscape governing Sale and Purchase Agreements...
Defining "Property Factor" Under the Property Factors (Scotland) Act 2011: A Landmark Decision in Proven Properties (Scotland) Ltd v. Upper Tribunal

Defining "Property Factor" Under the Property Factors (Scotland) Act 2011: A Landmark Decision in Proven Properties (Scotland) Ltd v. Upper Tribunal

Date: May 13, 2020
Defining "Property Factor" Under the Property Factors (Scotland) Act 2011: A Landmark Decision in Proven Properties (Scotland) Ltd v. Upper Tribunal Introduction The case of Proven Properties...
Enhancing Procedural Safeguards in Rural School Closure: An Analysis of Perth and Kinross Council v Scottish Ministers [2020] CSOH 41

Enhancing Procedural Safeguards in Rural School Closure: An Analysis of Perth and Kinross Council v Scottish Ministers [2020] CSOH 41

Date: May 8, 2020
Enhancing Procedural Safeguards in Rural School Closure: An Analysis of Perth and Kinross Council v Scottish Ministers [2020] CSOH 41 Introduction The case of Perth and Kinross Council v Scottish...
McCulloch v Forth Valley Health Boards [2020] ScotCS CSOH_40: Application of the Bolitho Test in Medical Negligence

McCulloch v Forth Valley Health Boards [2020] ScotCS CSOH_40: Application of the Bolitho Test in Medical Negligence

Date: May 8, 2020
McCulloch v Forth Valley Health Boards [2020] ScotCS CSOH_40: Application of the Bolitho Test in Medical Negligence Introduction The case of Jennifer McCulloch and Others against Forth Valley Health...
Threshold for Leave to Appeal Against Scottish Legal Complaints Commission Decisions: Lilburn v SLCC [2020]

Threshold for Leave to Appeal Against Scottish Legal Complaints Commission Decisions: Lilburn v SLCC [2020]

Date: May 2, 2020
Threshold for Leave to Appeal Against Scottish Legal Complaints Commission Decisions: Lilburn v SLCC [2020] Introduction The case of David Lilburn against the Scottish Legal Complaints Commission...
Bridges Antonine LLP v North Lanarkshire Council [2020]: Reinforcing Proper Impact Assessment under Strategic Development Plans

Bridges Antonine LLP v North Lanarkshire Council [2020]: Reinforcing Proper Impact Assessment under Strategic Development Plans

Date: May 2, 2020
Bridges Antonine LLP v North Lanarkshire Council [2020]: Reinforcing Proper Impact Assessment under Strategic Development Plans Introduction The case of Bridges Antonine LLP v North Lanarkshire...
Clarifying the Threshold for Investigation Eligibility: Commentary on Andrew Smith QC v Scottish Legal Complaints Commission [2020] ScotCS CSIH_19

Clarifying the Threshold for Investigation Eligibility: Commentary on Andrew Smith QC v Scottish Legal Complaints Commission [2020] ScotCS CSIH_19

Date: Apr 30, 2020
Clarifying the Threshold for Investigation Eligibility: Commentary on Andrew Smith QC v Scottish Legal Complaints Commission [2020] ScotCS CSIH_19 Introduction The case Andrew Smith QC v Scottish...
Expanding the Horizon of Schemes of Arrangement: In-Depth Analysis of the Scottish Court of Session's Decision in Premier Oil PLC & Premier Oil UK Ltd

Expanding the Horizon of Schemes of Arrangement: In-Depth Analysis of the Scottish Court of Session's Decision in Premier Oil PLC & Premier Oil UK Ltd

Date: Apr 30, 2020
Expanding the Horizon of Schemes of Arrangement: In-Depth Analysis of the Scottish Court of Session's Decision in Premier Oil PLC & Premier Oil UK Ltd Introduction The case of Premier Oil PLC ("PO")...
Limitation of Vicarious Liability for Psychiatric Harm in Police Service: Analysis of MRS K v Chief Constable of the Police Service of Scotland ([2020] CSIH 18)

Limitation of Vicarious Liability for Psychiatric Harm in Police Service: Analysis of MRS K v Chief Constable of the Police Service of Scotland ([2020] CSIH 18)

Date: Apr 29, 2020
Limitation of Vicarious Liability for Psychiatric Harm in Police Service: Analysis of MRS K v Chief Constable of the Police Service of Scotland ([2020] CSIH 18) Introduction The case of MRS K v Chief...
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