Scotland Case Commentaries

Retroactive Rectification of Unilateral Deeds and Third-Party Rights in Scottish Property Law: PHG Developing Scot Ltd v Lothian Amusements Ltd

Date: Feb 13, 2021

Retroactive Rectification of Unilateral Deeds and Third-Party Rights in Scottish Property Law: PHG Developing Scot Ltd v Lothian Amusements Ltd Introduction The case of PHG Developments Scot Limited...

Revocation of Evidence Applications under Section 275(9) CPR(S)A 1995: Insights from JW v HM Advocate [2021] ScotHC HCJAC_40

Date: Feb 13, 2021

Revocation of Evidence Applications under Section 275(9) CPR(S)A 1995: Insights from JW v HM Advocate [2021] ScotHC HCJAC_40 Introduction The case of JW v Her Majesty's Advocate ([2021] ScotHC...

Refining the Scope of Contempt of Court Orders to Protect Complainers’ Identities: Insights from HMA v Salmond

Date: Feb 12, 2021

Refining the Scope of Contempt of Court Orders to Protect Complainers’ Identities: Insights from HMA v Salmond Introduction The case of Her Majesty's Advocate v. Alexander Elliot Anderson Salmond...

Reaffirming Inherent Jurisdiction to Dismiss Unfair Prejudice Petitions upon Reasonable Offers: Cheyne v. Balmoral [2021]

Date: Feb 12, 2021

Reaffirming Inherent Jurisdiction to Dismiss Unfair Prejudice Petitions upon Reasonable Offers: Cheyne v. Balmoral [2021] Introduction The case of (First) Alfred George Cheyne; (Second) Valerie...

Reaffirmation of Fair Trial Standards in Hearsay Evidence Admission: Wilson v. Her Majesty's Advocate

Date: Feb 12, 2021

Reaffirmation of Fair Trial Standards in Hearsay Evidence Admission: Wilson v. Her Majesty's Advocate Introduction In the landmark case of Daniel Wilson v. Her Majesty's Advocate ([2021] ScotHC...

Strict Application of Time Limits for Legal Complaints: Brown v Scottish Legal Complaints Commission [2021] CSIH 18

Date: Feb 10, 2021

Strict Application of Time Limits for Legal Complaints: Brown v Scottish Legal Complaints Commission [2021] CSIH 18 Introduction B (Appellant: J A Brown of Blackadders LLP) appealed against a...

Expansion of First-tier Tribunal Jurisdiction in Tenancy Disputes: SW v. Chesnutt Skeocht Ltd [2021] ScotCS CSIH_11

Date: Feb 10, 2021

Expansion of First-tier Tribunal Jurisdiction in Tenancy Disputes: SW v. Chesnutt Skeocht Ltd [2021] ScotCS CSIH_11 Introduction The case of SW v. Chesnutt Skeocht Ltd ([2021] ScotCS CSIH_11)...

Affirmation of Strict Standing Requirements and Procedural Limits on Declaratory Actions in Scottish Law: Keatings v Advocate General for Scotland [2021] CSOH 16

Date: Feb 6, 2021

Affirmation of Strict Standing Requirements and Procedural Limits on Declaratory Actions in Scottish Law: Keatings v Advocate General for Scotland [2021] CSOH 16 Introduction The case of Martin James...

Valuation of Complex Matrimonial Business Assets and Management of Contingent Liabilities in Divorce: LWT or T v GPT [2021] ScotCS CSOH_6

Date: Feb 5, 2021

Valuation of Complex Matrimonial Business Assets and Management of Contingent Liabilities in Divorce: LWT or T v GPT [2021] ScotCS CSOH_6 Introduction The case LWT or T v GPT ([2021] ScotCS CSOH_6)...

Apportionment of Liability in Multi-defendant Road Traffic Fatality Cases: Insights from Fiona Susan Macphie v Liberty Insurance Ltd [2021] CSOH 15

Date: Feb 5, 2021

Apportionment of Liability in Multi-defendant Road Traffic Fatality Cases: Insights from Fiona Susan Macphie v Liberty Insurance Ltd [2021] CSOH 15 Introduction The case of Fiona Susan Macphie or...

Ensuring Fair Trial: Allowing Late Special Defences When Interests of Justice Demand – Faryad Darbaazi Appeal [2021] ScotHC HCJAC_10

Date: Feb 4, 2021

Ensuring Fair Trial: Allowing Late Special Defences When Interests of Justice Demand – Faryad Darbaazi Appeal [2021] ScotHC HCJAC_10 Introduction The case of Faryad Darbaazi against Her Majesty's...

Clarifying Use Class 9: The Role of Non-Resident Carers in Residential Planning

Date: Feb 3, 2021

Clarifying Use Class 9: The Role of Non-Resident Carers in Residential Planning Introduction The case of Alastair MacIntyre and Others against the Scottish Ministers ([2021] CSIH 10) presents a...

High Court Clarifies Non-Applicability of English Sentencing Guidelines in Scottish Dangerous Driving Case

Date: Feb 3, 2021

High Court Clarifies Non-Applicability of English Sentencing Guidelines in Scottish Dangerous Driving Case Introduction In the case Crown Appeal against Sentence by Her Majesty's Advocate against...

Interpretation of Physical Circumstances in Land Valuation: Insights from [2021] CSIH 9

Date: Feb 3, 2021

Interpretation of Physical Circumstances in Land Valuation: Insights from [2021] CSIH 9 Introduction The case of Carlton Rock Ltd and The Strathglenn Trust against Grampian Assessor in the Appeal by...

Application of Sentencing Discounts for Early Guilty Pleas under the Firearms Act 1968: [2021] HCJAC 14

Date: Feb 3, 2021

Application of Sentencing Discounts for Early Guilty Pleas under the Firearms Act 1968: [2021] HCJAC 14 Introduction In [2021] HCJAC 14, the Scottish High Court of Justiciary addressed significant...

Crown Appeal Against Sentence in Shaun Gatti Case Establishes Key Precedents in Scottish Dangerous Driving Law

Date: Feb 3, 2021

Crown Appeal Against Sentence in Shaun Gatti Case Establishes Key Precedents in Scottish Dangerous Driving Law Introduction The case of Her Majesty's Advocate (Crown) v Shaun Gatti ([2021] HCJAC 7)...

Defining 'Fresh Claim' under Immigration Rules: Ayush Dhawan [2021] CSOH 11

Date: Jan 30, 2021

Defining 'Fresh Claim' under Immigration Rules: Ayush Dhawan [2021] CSOH 11 Introduction The case of Ayush Dhawan [2021] CSOH 11 presents a significant examination of the criteria used to determine...

OSCR v Upper Tribunal: Clarifying the Public Benefit Requirement for Charitable Commercial Operations

Date: Jan 30, 2021

OSCR v Upper Tribunal: Clarifying the Public Benefit Requirement for Charitable Commercial Operations Introduction In the landmark case Office of the Scottish Charity Regulator (OSCR) v Upper...

Judicial Review in Immigration Law: Ayush Dhawan Case Analysis

Date: Jan 30, 2021

Judicial Review in Immigration Law: Ayush Dhawan Case Analysis Introduction The case of Ayush Dhawan versus the Secretary of State for the Home Department ([2021] CSOH 11) represents a pivotal...

Extension of Time Bar Period Under COVID-19: Analysis of CS v Her Majesty's Advocate [2021] HCJAC 6

Date: Jan 30, 2021

Extension of Time Bar Period Under COVID-19: Analysis of CS v Her Majesty's Advocate [2021] HCJAC 6 Introduction The case of CS v Her Majesty's Advocate [2021] HCJAC 6 addresses pivotal issues...