Scotland Case Commentaries

Scope of Expulsion Powers in Unincorporated Associations: Shore Porters' Society of Aberdeen v. Brown, Davidson, Simpson

Date: Mar 11, 2021

Scope of Expulsion Powers in Unincorporated Associations: Shore Porters' Society of Aberdeen v. Brown, Davidson, Simpson Introduction The case of Kevin Brown, Alan Davidson, and Sean Simpson against...

Unduly Lenient Sentences: Establishing Strict Standards in Juvenile Sexual Offence Cases ([2021] HCJAC 16)

Date: Mar 11, 2021

Unduly Lenient Sentences: Establishing Strict Standards in Juvenile Sexual Offence Cases ([2021] HCJAC 16) Introduction The case CROWN APPEAL AGAINST SENTENCE BY HER MAJESTY'S ADVOCATE AGAINST JB...

Appropriate Variation of Servitude Title Conditions to Facilitate Development: Analysis of Thomson v Savage [2021] CSIH 22

Date: Mar 10, 2021

Appropriate Variation of Servitude Title Conditions to Facilitate Development: Analysis of Thomson v Savage [2021] CSIH 22 Introduction The case of Bridget Joanna Thomson v. Lindsay Robertson Savage...

Delegation of Juror Conduct Investigations: Insights from HCJAC 15 (2021)

Date: Mar 6, 2021

Delegation of Juror Conduct Investigations: Insights from HCJAC 15 (2021) Introduction The case titled Notes of Appeal Against Conviction by Brian Ferguson et al. against Her Majesty's Advocate...

Permanence Orders and Compulsory Supervision: A Comprehensive Analysis of [2021] ScotCS CSOH_24

Date: Mar 6, 2021

Permanence Orders and Compulsory Supervision: A Comprehensive Analysis of [2021] ScotCS CSOH_24 Introduction The case of City of Edinburgh Council for Permanence Orders under Section 80 of the...

Strict Liability in Sexual Offences: Analysis of Callum Rae's Appeal Against Sentence

Date: Mar 6, 2021

Strict Liability in Sexual Offences: Analysis of Callum Rae's Appeal Against Sentence Introduction The case of Callum Rae v Her Majesty's Advocate ([2021] ScotHC HCJAC_13) adjudicated by the Scottish...

Strict Enforcement of Section 27A Time Limits in Judicial Review: An Analysis of JS (AP) v Scottish Ministers [2021] ScotCS CSOH_23

Date: Mar 5, 2021

Strict Enforcement of Section 27A Time Limits in Judicial Review: An Analysis of JS (AP) v Scottish Ministers [2021] ScotCS CSOH_23 Introduction The case of JS (AP) v Scottish Ministers [2021] ScotCS...

Paramilitary Imagery and Breach of Peace: Insights from HCJAC 20

Date: Mar 5, 2021

Paramilitary Imagery and Breach of Peace: Insights from HCJAC 20 Introduction The case Procurator Fiscal, Glasgow v Ward; Macaulay; Walker ([2021] HCJAC 20) addresses critical issues surrounding the...

Ensuring Reasonable Adjustments in Teacher Fitness Evaluations: MS v General Teaching Council of Scotland [2021] CSIH 17

Date: Mar 3, 2021

Ensuring Reasonable Adjustments in Teacher Fitness Evaluations: MS v General Teaching Council of Scotland [2021] CSIH 17 Introduction In the case of MS v General Teaching Council of Scotland [2021]...

Comprehensive Commentary on John Anderson v Her Majesty's Advocate [2021] ScotHC HCJAC_18

Date: Mar 3, 2021

Backdating Sentences in Multiple Charge Cases: Insights from John Anderson v Her Majesty's Advocate [2021] ScotHC HCJAC_18 Introduction The case of John Anderson v Her Majesty's Advocate ([2021]...

Deportation and Family Life: ZG (AP) v Secretary of State for the Home Department [2021] ScotCS CSIH_16

Date: Mar 3, 2021

Deportation and Family Life: ZG (AP) v Secretary of State for the Home Department [2021] ScotCS CSIH_16 Introduction The case of ZG (AP) vs Secretary of State for the Home Department ([2021] ScotCS...

Strict Procedural Compliance in Judicial Reviews: Insights from Muhammad Mohsan Javaid v Upper Tribunal

Date: Feb 27, 2021

Strict Procedural Compliance in Judicial Reviews: Insights from Muhammad Mohsan Javaid v Upper Tribunal Introduction The case of Muhammad Mohsan Javaid v Upper Tribunal ([2021] ScotCS CSOH_22)...

Revisiting Asylum Standards for Witnesses to State-Sanctioned Violence: Analysis of CM v Secretary of State for the Home Department [2021] ScotCS CSIH_15

Date: Feb 25, 2021

Revisiting Asylum Standards for Witnesses to State-Sanctioned Violence: Analysis of CM v Secretary of State for the Home Department [2021] ScotCS CSIH_15 Introduction The case of CM v Secretary of...

Balancing Substantial Prejudice and Pursuer's Interest under the 2017 Limitation (Childhood Abuse) Act: Insights from A v XY Ltd [2021] CSOH_21

Date: Feb 25, 2021

Balancing Substantial Prejudice and Pursuer's Interest under the 2017 Limitation (Childhood Abuse) Act: Insights from A v XY Ltd [2021] CSOH_21 Introduction The case of A v XY Ltd [2021] CSOH_21...

Interpretation of "Practicable" in Considering Child's Views: M v C [2021] CSIH 14

Date: Feb 24, 2021

Interpretation of "Practicable" in Considering Child's Views: M v C [2021] CSIH 14 Introduction The case of M Against C ([2021] CSIH 14) adjudicated by the Scottish Court of Session examines the...

Enhancing Local Authority Accountability under the Housing (Scotland) Act 1987: The Abdelwahab-Kaba Dafaalla Judgment

Date: Feb 20, 2021

Enhancing Local Authority Accountability under the Housing (Scotland) Act 1987: The Abdelwahab-Kaba Dafaalla Judgment Introduction The case of Abdelwahab-Kaba Dafaalla for Judicial Review of a...

Court of Session Upholds GTCS Registration Category Restrictions in Teacher Employment

Date: Feb 18, 2021

Court of Session Upholds GTCS Registration Category Restrictions in Teacher Employment Introduction The case of General Teaching Council of Scotland (GTCS) v Employment Appeal Tribunal (EAT) ([2021]...

Clarifying the Test for Malicious Prosecution in Scotland: Analysis of David Henry Grier v Lord Advocate [2021] ScotCS CSOH_18

Date: Feb 17, 2021

Clarifying the Test for Malicious Prosecution in Scotland: Analysis of David Henry Grier against the Lord Advocate [2021] ScotCS CSOH_18 Introduction The case of David Henry Grier against the Lord...

Enhanced Procedural Safeguards in Interim Compulsory Supervision Orders: Insights from MB v Principal Reporter [2021] CSOH 19

Date: Feb 17, 2021

Enhanced Procedural Safeguards in Interim Compulsory Supervision Orders: Insights from MB v Principal Reporter [2021] CSOH 19 Introduction The case MB v Principal Reporter ([2021] CSOH 19)...

Adjudicator's Jurisdiction Over Variation Agreements Confirmed in Construction Disputes

Date: Feb 16, 2021

Adjudicator's Jurisdiction Over Variation Agreements Confirmed in Construction Disputes Introduction The case of HOCHTIEF SOLUTIONS AG AND OTHERS (THE FORTH CROSSING BRIDGE CONSTRUCTORS) AGAINST...