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  • Commentaries

Scotland Case Commentaries

Implied Waiver and Contractual Obligations in Property Transactions: Insights from RICHARD SYRED AND ANOTHER AGAINST LADY CHRISTINE DE LA RUE AND ANOTHER [2020] CSOH 65

Implied Waiver and Contractual Obligations in Property Transactions: Insights from RICHARD SYRED AND ANOTHER AGAINST LADY CHRISTINE DE LA RUE AND ANOTHER [2020] CSOH 65

Date: Jun 27, 2020
Implied Waiver and Contractual Obligations in Property Transactions: Insights from RICHARD SYRED AND ANOTHER AGAINST LADY CHRISTINE DE LA RUE AND ANOTHER [2020] CSOH 65 Introduction The case of...
Establishing the Necessity of Corroboration for "Course of Conduct" under Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010

Establishing the Necessity of Corroboration for "Course of Conduct" under Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010

Date: Jun 26, 2020
Establishing the Necessity of Corroboration for "Course of Conduct" under Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 Introduction The case of Michael Finlay v. Her...
Substantial Contribution in Causation for Homicide: Weir MacKay v. HM Advocate [2020] HCJAC 24

Substantial Contribution in Causation for Homicide: Weir MacKay v. HM Advocate [2020] HCJAC 24

Date: Jun 25, 2020
Substantial Contribution in Causation for Homicide: Weir MacKay v. HM Advocate [2020] HCJAC 24 Introduction The case of Weir MacKay against Her Majesty's Advocate ([2020] HCJAC 24) presents a pivotal...
Reaffirming Standards in Non-Accidental Injury Cases: Analysis of SI v Her Majesty's Advocate [2020] HCJAC 28

Reaffirming Standards in Non-Accidental Injury Cases: Analysis of SI v Her Majesty's Advocate [2020] HCJAC 28

Date: Jun 24, 2020
Reaffirming Standards in Non-Accidental Injury Cases: Analysis of SI v Her Majesty's Advocate [2020] HCJAC 28 Introduction The case SI v Her Majesty's Advocate ([2020] HCJAC 28) adjudicated by the...
Comprehensive Commentary on New Ingliston Ltd v Edinburgh Airport Ltd [2020] CSOH 64

Comprehensive Commentary on New Ingliston Ltd v Edinburgh Airport Ltd [2020] CSOH 64

Date: Jun 24, 2020
Comprehensive Commentary on New Ingliston Ltd v Edinburgh Airport Ltd [2020] CSOH 64 Introduction The case of New Ingliston Ltd against Edinburgh Airport Ltd ([2020] CSOH 64) was adjudicated in the...
Do v Secretary of State for the Home Department [2020] CSIH 35: Judicial Review of Asylum Refusal and the Role of Expert Testimony

Do v Secretary of State for the Home Department [2020] CSIH 35: Judicial Review of Asylum Refusal and the Role of Expert Testimony

Date: Jun 20, 2020
Do v Secretary of State for the Home Department [2020] CSIH 35: Judicial Review of Asylum Refusal and the Role of Expert Testimony Introduction The case Do v Secretary of State for the Home...
Establishing the Threshold for Fresh Asylum Claims: Appeal by PA against the Secretary of State for the Home Department

Establishing the Threshold for Fresh Asylum Claims: Appeal by PA against the Secretary of State for the Home Department

Date: Jun 20, 2020
Establishing the Threshold for Fresh Asylum Claims: Appeal by PA against the Secretary of State for the Home Department ([2020] ScotCS CSIH_34) Introduction The case of PA vs. The Secretary of State...
Dual-Purpose Firearms and the Definition of 'Disguise' Under the Firearms Act 1968: Commentary on LORD ADVOCATES REFERENCE No.1 of 2020

Dual-Purpose Firearms and the Definition of 'Disguise' Under the Firearms Act 1968: Commentary on LORD ADVOCATES REFERENCE No.1 of 2020

Date: Jun 18, 2020
Dual-Purpose Firearms and the Definition of 'Disguise' Under the Firearms Act 1968: Commentary on LORD ADVOCATES REFERENCE No.1 of 2020 Introduction The case of LORD ADVOCATES REFERENCE No.1 of 2020...
Clarifying the Boundaries of Mutual Corroboration Doctrine in Sexual Assault Cases

Clarifying the Boundaries of Mutual Corroboration Doctrine in Sexual Assault Cases

Date: Jun 18, 2020
Clarifying the Boundaries of Mutual Corroboration Doctrine in Sexual Assault Cases Introduction The case of Aadarm Mohammed versus Her Majesty's Advocate ([2020] HCJAC 27) before the Scottish High...
Termination of Trustee Appointment and Indemnity Provisions in Reclaiming Motion: Insights from Club Los Claveles v First National Trustee Company Ltd [2020] CSIH 33

Termination of Trustee Appointment and Indemnity Provisions in Reclaiming Motion: Insights from Club Los Claveles v First National Trustee Company Ltd [2020] CSIH 33

Date: Jun 17, 2020
Termination of Trustee Appointment and Indemnity Provisions in Reclaiming Motion: Insights from Club Los Claveles v First National Trustee Company Ltd [2020] CSIH 33 Introduction Club Los Claveles...
High Court Clarifies Boundaries of Sentence Discounting for Guilty Pleas Amid Public Health Emergencies

High Court Clarifies Boundaries of Sentence Discounting for Guilty Pleas Amid Public Health Emergencies

Date: Jun 13, 2020
High Court Clarifies Boundaries of Sentence Discounting for Guilty Pleas Amid Public Health Emergencies Introduction The case of Crown Appeal Against Sentence by Her Majesty's Advocate Against Iain...
Judicial Approaches to Document Verification and Credibility in Asylum Claims: DY (Assisted Person) v McKinlay [2020] CSOH_60

Judicial Approaches to Document Verification and Credibility in Asylum Claims: DY (Assisted Person) v McKinlay [2020] CSOH_60

Date: Jun 12, 2020
Judicial Approaches to Document Verification and Credibility in Asylum Claims: DY (Assisted Person) v McKinlay [2020] CSOH_60 Introduction The case DY (Assisted Person) v McKinlay [2020] CSOH_60...
Establishing Active Participation in Concerted Attacks: Insights from Brandon Douglas Appeal [2020] HCJAC 23

Establishing Active Participation in Concerted Attacks: Insights from Brandon Douglas Appeal [2020] HCJAC 23

Date: Jun 11, 2020
Establishing Active Participation in Concerted Attacks: Insights from Brandon Douglas Appeal [2020] HCJAC 23 1. Introduction Case Overview: In the case of Brandon Douglas v Her Majesty's Advocate...
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),...
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