Scotland Case Commentaries

BBC v Lady Smith: Defining the Bounds of Restriction Orders and Ensuring Open Justice in Public Inquiries

Date: Apr 2, 2021

BBC v Lady Smith: Defining the Bounds of Restriction Orders and Ensuring Open Justice in Public Inquiries Introduction In the case of The British Broadcasting Corporation v The Right Honourable Lady...

Ilia Iliev v Her Majesty's Advocate: Reinforcing Standards for Extradition Under Article 3 of the European Convention

Date: Apr 1, 2021

Ilia Iliev v Her Majesty's Advocate: Reinforcing Standards for Extradition Under Article 3 of the European Convention Introduction The case of Ilia Iliev v Her Majesty's Advocate ([2021] HCJAC 26)...

Mutual Corroboration in Rape Cases: Insights from Duthie v HM Advocate [2021] HCJAC 23

Date: Mar 31, 2021

Mutual Corroboration in Rape Cases: Insights from Duthie v HM Advocate [2021] HCJAC 23 Introduction The case of Mark William Duthie versus Her Majesty's Advocate ([2021] HCJAC 23) adjudicated by the...

Contempt of Court in Protection of Complainers' Anonymity in Scottish Sexual Offense Proceedings

Date: Mar 26, 2021

Contempt of Court in Protection of Complainers' Anonymity in Scottish Sexual Offense Proceedings Introduction The case of HER MAJESTY'S ADVOCATE against Craig Murray ([2021] HCJ 2) was adjudicated by...

Parole Board for Scotland Recognized as a Court under ECHR Article 5(4)

Date: Mar 26, 2021

Parole Board for Scotland Recognized as a Court under ECHR Article 5(4) Introduction The case of Paul Hutton against the Parole Board for Scotland and Others ([2021] ScotCS CSOH_34) was heard by the...

Use and Disclosure of Civil Proceedings Documents in Criminal Investigations: New Guidelines Established by Scottish Court of Session

Date: Mar 25, 2021

Use and Disclosure of Civil Proceedings Documents in Criminal Investigations: New Guidelines Established by Scottish Court of Session 1. Introduction The case of David John Whitehouse against (First)...

Lower Courts Retain Authority to Review Bail Decisions Under Section 30 of the Criminal Procedure (Scotland) Act 1995

Date: Mar 25, 2021

Lower Courts Retain Authority to Review Bail Decisions Under Section 30 of the Criminal Procedure (Scotland) Act 1995 Introduction The judgment in BILL OF ADVOCATION BY JAMES RUSSELL AGAINST HER...

Closure of Places of Worship in Scotland Declared Unlawful: An Analysis of [2021] ScotCS CSOH_32

Date: Mar 25, 2021

Closure of Places of Worship in Scotland Declared Unlawful: An Analysis of [2021] ScotCS CSOH_32 Introduction In the landmark case of Reverend Dr. William J.U. Philip and Others for Judicial Review...

Judicial Scrutiny in Parole Decisions: Insights from Brown v Parole Board for Scotland [2021] ScotCS CSIH_20

Date: Mar 24, 2021

Judicial Scrutiny in Parole Decisions: Insights from Brown v Parole Board for Scotland [2021] ScotCS CSIH_20 Introduction The case of Andrew Brown against the Parole Board for Scotland ([2021] ScotCS...

Scottish Court Upholds Legislative Competence in Gender Representation Measures

Date: Mar 24, 2021

Scottish Court Upholds Legislative Competence in Gender Representation Measures Introduction In the landmark case For Women Scotland Ltd v The Lord Advocate and The Scottish Ministers ([2021] ScotCS...

Sufficiency of Circumstantial Evidence and Representation Standards in Murder Convictions: Analysis of [2021] HCJAC 22

Date: Mar 24, 2021

Sufficiency of Circumstantial Evidence and Representation Standards in Murder Convictions: Analysis of [2021] HCJAC 22 Introduction The case David Scott vs Her Majesty's Advocate ([2021] HCJAC 22)...

Clarifying 'Substantial Sexual Element' under Section 288C(4) of the Criminal Procedure (Scotland) Act 1995

Date: Mar 20, 2021

Clarifying 'Substantial Sexual Element' under Section 288C(4) of the Criminal Procedure (Scotland) Act 1995 Introduction In the case of Jamie Fisher v HMA ([2022] HCJAC 43), the Scottish High Court...

Reconveyance Obligations under Section 75 Agreements: Granton Central Developments Ltd v City of Edinburgh Council [2021] CSOH 29

Date: Mar 20, 2021

Reconveyance Obligations under Section 75 Agreements: Granton Central Developments Ltd v City of Edinburgh Council [2021] CSOH 29 Introduction The case of Granton Central Developments Ltd v City of...

Enforcing Title to Sue in Section 75 Agreements: Granton Central Developments Ltd v City of Edinburgh Council [2021] ScotCS CSOH_30

Date: Mar 20, 2021

Enforcing Title to Sue in Section 75 Agreements: Granton Central Developments Ltd v City of Edinburgh Council [2021] ScotCS CSOH_30 Introduction The case of Granton Central Developments Ltd versus...

Affirming Victim Participation Rights in Section 275 Applications: RR v Her Majesty's Advocate and LV Respondents

Date: Mar 19, 2021

Affirming Victim Participation Rights in Section 275 Applications: RR v Her Majesty's Advocate and LV Respondents Introduction The case of RR v Her Majesty's Advocate and LV Respondents [2021] ScotHC...

Rejection of Judicial Review Challenge to HMRC's Loan Charge: Implications for Tax Avoidance Legislation and EU Law Compliance

Date: Mar 15, 2021

Rejection of Judicial Review Challenge to HMRC's Loan Charge: Implications for Tax Avoidance Legislation and EU Law Compliance Introduction The case of Niall Adrian Finucane v Her Majesty's...

Establishing Standards for Objective Reasonable and Probable Cause in Scottish Malicious Prosecution: Grier v Lord Advocate [2021] CSOH 28

Date: Mar 13, 2021

Establishing Standards for Objective Reasonable and Probable Cause in Scottish Malicious Prosecution: Grier v Lord Advocate [2021] CSOH 28 Introduction The case of David Henry Grier against the Lord...

Implied Variation and Wrongful Termination: Insights from CRIMOND ESTATES LTD v MILE END DEVELOPMENTS LTD [2021] CSOH 26

Date: Mar 13, 2021

Implied Variation and Wrongful Termination: Insights from CRIMOND ESTATES LTD v MILE END DEVELOPMENTS LTD [2021] CSOH 26 Introduction The case of CRIMOND ESTATES LIMITED (CEL) versus MILE END...

Interpreting "AS IS WHERE IS" in Contractual Agreements: A Comprehensive Analysis of Trilogy Power Solutions Group v Hawick Plant Auctions Ltd [2021] CSOH 27

Date: Mar 13, 2021

Interpreting "AS IS WHERE IS" in Contractual Agreements: A Comprehensive Analysis of Trilogy Power Solutions Group v Hawick Plant Auctions Ltd [2021] CSOH 27 Introduction The case of Trilogy Power...

Reclaiming Motion Against Employee Negligence in Fraudulent Transactions: Insights from PEEBLES MEDIA GROUP LTD v PATRICIA REILLY [2021] CSIH_23

Date: Mar 13, 2021

Reclaiming Motion Against Employee Negligence in Fraudulent Transactions: Insights from PEEBLES MEDIA GROUP LTD v PATRICIA REILLY [2021] CSIH_23 Introduction The case of Peeples Media Group Ltd v...