Scotland Case Commentaries

Judicial Discretion in Extending Section 65 Time Bars Amidst Public Health Emergencies

Date: Jan 30, 2021

Judicial Discretion in Extending Section 65 Time Bars Amidst Public Health Emergencies Introduction The case of CS v Her Majesty's Advocate [2021] HCJAC 6 before the Scottish High Court of Justiciary...

Defining Public Benefit in Charitable Status: OSCR v New Lanark Hotels and Trading – A New Precedent

Date: Jan 30, 2021

Defining Public Benefit in Charitable Status: OSCR v New Lanark Hotels and Trading – A New Precedent Introduction The case of Office of the Scottish Charity Regulator (OSCR) against New Lanark Hotels...

Judicial Review of Prison Authorities' Failure to Advance Progression: Beggs v Scottish Ministers

Date: Jan 30, 2021

Judicial Review of Prison Authorities' Failure to Advance Progression: Beggs v Scottish Ministers Introduction The case of William Beggs v Scottish Ministers ([2021] CSOH 12) presents a significant...

Judicial Review of Planning Policy Interpretation in Ogilvie Homes Ltd v The Scottish Ministers

Date: Jan 30, 2021

Judicial Review of Planning Policy Interpretation in Ogilvie Homes Ltd v The Scottish Ministers Introduction The case of Ogilvie Homes Limited against The Scottish Ministers ([2021] ScotCS CSIH_8)...

Public Benefit in Charitable Commercial Activities: OSCR v Upper Tribunal - New Lanark Precedent

Date: Jan 30, 2021

Public Benefit in Charitable Commercial Activities: OSCR v Upper Tribunal - New Lanark Precedent Introduction The case Office of the Scottish Charity Regulator against the Upper Tribunal concerning...

Judicial Review of Prison Progression Procedures: The William Beggs Case

Date: Jan 30, 2021

Judicial Review of Prison Progression Procedures: The William Beggs Case Introduction The case of William Beggs ([2021] CSOH 12) presents a significant judicial review of the Scottish Prison...

Reaffirming Misdirection Standards for Jury Verdicts: The McGrouther v HM Advocate Decision

Date: Jan 30, 2021

Reaffirming Misdirection Standards for Jury Verdicts: The McGrouther v HM Advocate Decision Introduction The case of Kevin McGrouther versus Her Majesty's Advocate ([2021] HCJAC 5) presents a pivotal...

Clarifying the Interpretation of Policy DSP4: Insights from OGILVIE HOMES LIMITED v The Scottish Ministers [2021]

Date: Jan 30, 2021

Clarifying the Interpretation of Policy DSP4: Insights from OGILVIE HOMES LIMITED v The Scottish Ministers [2021] Introduction The case of Ogilvie Homes Limited against the Scottish Ministers ([2021]...

Clarifying Risk Pot and Material Breach in Time and Materials ERP Implementation Contracts: Insights from Incremental Group Ltd v HiETA Technologies Ltd [2021] ScotCS CSOH_13

Date: Jan 30, 2021

Clarifying Risk Pot and Material Breach in Time and Materials ERP Implementation Contracts: Insights from Incremental Group Ltd v HiETA Technologies Ltd [2021] ScotCS CSOH_13 Introduction The case of...

Rejection of Unreasonable Delay Claims in Prisoner Progression Procedures: Beggs v Scottish Ministers [2021] CSOH 12

Date: Jan 30, 2021

Rejection of Unreasonable Delay Claims in Prisoner Progression Procedures: Beggs v Scottish Ministers [2021] CSOH 12 Introduction The case of William Beggs against the Scottish Ministers was brought...

Judicial Directives on Alternative Verdicts: McGrouther v HM Advocate [2021] HCJAC 5

Date: Jan 30, 2021

Judicial Directives on Alternative Verdicts: McGrouther v HM Advocate [2021] HCJAC 5 Introduction The case of Kevin McGrouther v Her Majesty's Advocate ([2021] HCJAC 5) adjudicated by the Scottish...

Proper Application of Rule 353 in Fresh Claim Assessments: Insight from Ayush Dhawan [2021] CSOH 11

Date: Jan 30, 2021

Proper Application of Rule 353 in Fresh Claim Assessments: Insight from Ayush Dhawan [2021] CSOH 11 Introduction The case of Ayush Dhawan v Secretary of State for the Home Department ([2021] CSOH 11)...

Incremental Group Ltd v HiETA Technologies Ltd: Establishing Clear Protocols in Time and Materials Contracts

Date: Jan 30, 2021

Incremental Group Ltd v HiETA Technologies Ltd: Establishing Clear Protocols in Time and Materials Contracts Introduction The case of Incremental Group Ltd v HiETA Technologies Ltd ([2021] ScotCS...

Correct Interpretation of Local Development Policies in Planning Appeals: OGILVIE HOMES Ltd v Scottish Ministers [2021]

Date: Jan 30, 2021

Correct Interpretation of Local Development Policies in Planning Appeals: OGILVIE HOMES Ltd v Scottish Ministers [2021] Introduction In the landmark case of OGILVIE HOMES LIMITED AGAINST THE SCOTTISH...

Judicial Direction on Alternative Verdicts in Attempted Murder Cases: Insights from McGrouther v. Her Majesty's Advocate (2021)

Date: Jan 30, 2021

Judicial Direction on Alternative Verdicts in Attempted Murder Cases: Insights from McGrouther v. Her Majesty's Advocate (2021) Introduction The case of Kevin McGrouther versus Her Majesty's Advocate...

Extended Judicial Discretion Under Section 65(1): Impact of COVID-19 Pandemic in CS v Her Majesty's Advocate [2021_HCJAC_6]

Date: Jan 30, 2021

Extended Judicial Discretion Under Section 65(1): Impact of COVID-19 Pandemic in CS v Her Majesty's Advocate [2021_HCJAC_6] Introduction The case CS v Her Majesty's Advocate, reported as...

Material Breach in Time and Materials Contracts: Insights from Incremental Group Ltd v HiETA Technologies Ltd [2021]

Date: Jan 30, 2021

Material Breach in Time and Materials Contracts: Insights from Incremental Group Ltd v HiETA Technologies Ltd [2021] Introduction The case of Incremental Group Ltd v HiETA Technologies Ltd ([2021]...

Enhanced Requirements for Jury Directions on Consent and Corroboration in Rape Convictions: APPEAL AGAINST CONVICTION BY AW and HB ([2022] HCJAC 16)

Date: Jan 29, 2021

Enhanced Requirements for Jury Directions on Consent and Corroboration in Rape Convictions: APPEAL AGAINST CONVICTION BY AW and HB ([2022] HCJAC 16) Introduction The case of APPEAL AGAINST CONVICTION...

Enhanced Scrutiny of Evidence in Asylum Appeals: AR (AP) v Secretary of State for the Home Department [2021] CSOH 10

Date: Jan 28, 2021

Enhanced Scrutiny of Evidence in Asylum Appeals: AR (AP) v Secretary of State for the Home Department [2021] CSOH 10 Introduction The case of AR (AP) v Secretary of State for the Home Department...

Enhanced Scrutiny in Asylum Claims: AR (AP) v Secretary of State for the Home Department [2021] CSOH 10

Date: Jan 28, 2021

Enhanced Scrutiny in Asylum Claims: AR (AP) v Secretary of State for the Home Department [2021] CSOH 10 Introduction In the landmark case of AR (AP) against the Secretary of State for the Home...