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  • Commentaries

Scotland Case Commentaries

Enforceability of Servitude Conditions and Third-Party Rights in Contractual Agreements: Insights from Ian Duncan v Glasa LLP [2020] ScotCS CSOH_26

Enforceability of Servitude Conditions and Third-Party Rights in Contractual Agreements: Insights from Ian Duncan v Glasa LLP [2020] ScotCS CSOH_26

Date: Mar 4, 2020
Enforceability of Servitude Conditions and Third-Party Rights in Contractual Agreements: Insights from Ian Duncan v Glasa LLP [2020] ScotCS CSOH_26 Introduction The case of Ian Duncan against Glasa...
Interpretation of Judicial Review Time Limits under Section 27A of the Court of Session Act 1988: O'Neill and Lauchlan v. Scottish Ministers [2020] CSOH 28

Interpretation of Judicial Review Time Limits under Section 27A of the Court of Session Act 1988: O'Neill and Lauchlan v. Scottish Ministers [2020] CSOH 28

Date: Mar 4, 2020
Interpretation of Judicial Review Time Limits under Section 27A of the Court of Session Act 1988: O'Neill and Lauchlan v. Scottish Ministers [2020] CSOH 28 Introduction In the landmark case of...
Self-Complaint Prohibition by SLCC: Francis Cannon v. Scottish Legal Complaints Commission

Self-Complaint Prohibition by SLCC: Francis Cannon v. Scottish Legal Complaints Commission

Date: Feb 29, 2020
Self-Complaint Prohibition by SLCC: Francis Cannon v. Scottish Legal Complaints Commission Introduction The case of Francis Cannon v. Scottish Legal Complaints Commission (SLCC) ([2020] ScotCS...
Land Compulsion and Crofting Tenure: Highlands & Islands Airports Ltd v Committee for the Combined Common Grazings of Melbost and Branahuie [2020] ScotCS CSIH_8

Land Compulsion and Crofting Tenure: Highlands & Islands Airports Ltd v Committee for the Combined Common Grazings of Melbost and Branahuie [2020] ScotCS CSIH_8

Date: Feb 29, 2020
Land Compulsion and Crofting Tenure: Highlands & Islands Airports Ltd v Committee for the Combined Common Grazings of Melbost and Branahuie [2020] ScotCS CSIH_8 Introduction The case of Highlands &...
Negligence in Medical Endoscopic Procedures: Comprehensive Analysis of Hamilton v Lanarkshire Health Board [2020] ScotCS 24

Negligence in Medical Endoscopic Procedures: Comprehensive Analysis of Hamilton v Lanarkshire Health Board [2020] ScotCS 24

Date: Feb 29, 2020
Negligence in Medical Endoscopic Procedures: Comprehensive Analysis of Hamilton v Lanarkshire Health Board [2020] ScotCS 24 Introduction In the landmark case of Derek Hamilton against Lanarkshire...
Defining Solicitor's Duty of Care in Professional Negligence: SAJJAD SOOFI and RUMELLA SOOFI v Dykes [2020] CSIH 10

Defining Solicitor's Duty of Care in Professional Negligence: SAJJAD SOOFI and RUMELLA SOOFI v Dykes [2020] CSIH 10

Date: Feb 29, 2020
Defining Solicitor's Duty of Care in Professional Negligence: SAJJAD SOOFI and RUMELLA SOOFI v Jeffrey Martin Dykes [2020] CSIH 10 Introduction The case of Sajjad Soofi and Rumella Soofi against...
Reversal of Onus in Civil Negligence Based on Prior Conviction: Cameron v Swan [2020] CSOH 20

Reversal of Onus in Civil Negligence Based on Prior Conviction: Cameron v Swan [2020] CSOH 20

Date: Feb 28, 2020
Reversal of Onus in Civil Negligence Based on Prior Conviction: Cameron v Swan [2020] CSOH 20 Introduction In the civil case of Samuel Cameron against Martin Swan and Another ([2020] CSOH 20), the...
Clarifying 'Row' in High Hedges (Scotland) Act 2013: Scottish Court of Session Upholds Multi-Row Interpretations

Clarifying 'Row' in High Hedges (Scotland) Act 2013: Scottish Court of Session Upholds Multi-Row Interpretations

Date: Feb 28, 2020
Clarifying 'Row' in High Hedges (Scotland) Act 2013: Scottish Court of Session Upholds Multi-Row Interpretations Introduction The case of Brian Rizza versus the Scottish Ministers centers on the...
Discretion under Section 19A in Time-Barred Mesothelioma Claims: Quinn v Wright’s Insulations Ltd

Discretion under Section 19A in Time-Barred Mesothelioma Claims: Quinn v Wright’s Insulations Ltd

Date: Feb 28, 2020
Discretion under Section 19A in Time-Barred Mesothelioma Claims: Quinn v Wright’s Insulations Ltd Introduction Stephen Anthony Quinn and others against Wright’s Insulations Ltd ([2020] ScotCS...
Admissibility of 'Without Prejudice' Communications in Adjudication: Transform Schools v Balfour Beatty [2020] CSOH 19

Admissibility of 'Without Prejudice' Communications in Adjudication: Transform Schools v Balfour Beatty [2020] CSOH 19

Date: Feb 19, 2020
Admissibility of 'Without Prejudice' Communications in Adjudication: Transform Schools (North Lanarkshire) Ltd v Balfour Beatty Construction Ltd [2020] CSOH 19 1. Introduction In the landmark case...
Mandatory Record-Keeping of Special Circumstances in Local Authority Urgent Decisions: Mark Guild & Another v Angus Council [2020] CSOH 16

Mandatory Record-Keeping of Special Circumstances in Local Authority Urgent Decisions: Mark Guild & Another v Angus Council [2020] CSOH 16

Date: Feb 14, 2020
Mandatory Record-Keeping of Special Circumstances in Local Authority Urgent Decisions: Mark Guild & Another v Angus Council [2020] CSOH 16 Introduction The case of Mark Guild & Another v Angus...
Clarification on Prosecutor’s Duty Under Section 121(3) of the Criminal Justice and Licensing (Scotland) Act 2010: McCarthy v HM Advocate [2020]

Clarification on Prosecutor’s Duty Under Section 121(3) of the Criminal Justice and Licensing (Scotland) Act 2010: McCarthy v HM Advocate [2020]

Date: Feb 14, 2020
Clarification on Prosecutor’s Duty Under Section 121(3) of the Criminal Justice and Licensing (Scotland) Act 2010: McCarthy v HM Advocate [2020] Introduction The case of John Joseph McCarthy vs. Her...
Clarification on the Non-Applicability of the Doctrine of Concert in Misuse of Drugs Act Offences

Clarification on the Non-Applicability of the Doctrine of Concert in Misuse of Drugs Act Offences

Date: Feb 13, 2020
Clarification on the Non-Applicability of the Doctrine of Concert in Misuse of Drugs Act Offences Introduction In the case titled APPEAL AGAINST CONVICTION AND SENTENCE BY STEPHEN BARCLAY AGAINST HER...
Partial Submission of Planning Applications Inadequate for Contractual Compliance: Ramoyle Developments Ltd v Scottish Borders Council [2020] ScotCS CSIH_9

Partial Submission of Planning Applications Inadequate for Contractual Compliance: Ramoyle Developments Ltd v Scottish Borders Council [2020] ScotCS CSIH_9

Date: Feb 13, 2020
Partial Submission of Planning Applications Inadequate for Contractual Compliance: Ramoyle Developments Ltd v Scottish Borders Council [2020] ScotCS CSIH_9 Introduction The legal dispute between...
Sufficiency of Circumstantial Evidence in Scottish High Court: Docherty and Templeton Appeal Judgment [2021] HCJAC 36

Sufficiency of Circumstantial Evidence in Scottish High Court: Docherty and Templeton Appeal Judgment [2021] HCJAC 36

Date: Feb 12, 2020
Sufficiency of Circumstantial Evidence in Scottish High Court: Docherty and Templeton Appeal Judgment [2021] HCJAC 36 Introduction The case of John Docherty and Don Templeton versus Her Majesty's...
Recognition of De Facto Parental Relationships in Immigration Law: Enaburekhan v Secretary of State [2020] CSOH 18

Recognition of De Facto Parental Relationships in Immigration Law: Enaburekhan v Secretary of State [2020] CSOH 18

Date: Feb 11, 2020
Recognition of De Facto Parental Relationships in Immigration Law: Enaburekhan v Secretary of State [2020] CSOH 18 Introduction The case of Mary Itohan Enaburekhan against Secretary of State for the...
Differentiating Regional Education Funding in Discretionary Leave Decisions: AZ (AP) v Secretary of State [2020]

Differentiating Regional Education Funding in Discretionary Leave Decisions: AZ (AP) v Secretary of State [2020]

Date: Feb 8, 2020
Differentiating Regional Education Funding in Discretionary Leave Decisions Case Commentary: AZ (AP) v Secretary of State for the Home Department ([2020] ScotCS CSOH_15) 1. Introduction The case of...
Adjudicator’s Jurisdiction and Enforceability of Decisions: Insights from FIELD SYSTEMS DESIGNS v MW HIGH TECH (2020) CSOH 17

Adjudicator’s Jurisdiction and Enforceability of Decisions: Insights from FIELD SYSTEMS DESIGNS v MW HIGH TECH (2020) CSOH 17

Date: Feb 6, 2020
Adjudicator’s Jurisdiction and Enforceability of Decisions: Insights from FIELD SYSTEMS DESIGNS v MW HIGH TECH (2020) CSOH 17 Introduction The case of Field Systems Designs Limited (hereafter...
Enforcement of Planning Control for Material Change of Use within Statutory Timeframes: Cameron v Scottish Ministers [2020] ScotCS CSIH_6

Enforcement of Planning Control for Material Change of Use within Statutory Timeframes: Cameron v Scottish Ministers [2020] ScotCS CSIH_6

Date: Jan 31, 2020
Enforcement of Planning Control for Material Change of Use within Statutory Timeframes: Cameron v Scottish Ministers [2020] ScotCS CSIH_6 Introduction The case of Michael Gerard Cameron against the...
Affirmation of Burden of Proof in Criminal Appeals: Ritchie v HM Advocate [2020] HCJAC 7

Affirmation of Burden of Proof in Criminal Appeals: Ritchie v HM Advocate [2020] HCJAC 7

Date: Jan 31, 2020
Affirmation of Burden of Proof in Criminal Appeals: Ritchie v HM Advocate [2020] HCJAC 7 Introduction The case of Ritchie against Her Majesty's Advocate ([2020] HCJAC 7) serves as a pivotal...
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