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  • Commentaries

Scotland Case Commentaries

Judicial Review of Prison Authorities' Handling of Confidential Correspondence under Article 8 ECHR

Judicial Review of Prison Authorities' Handling of Confidential Correspondence under Article 8 ECHR

Date: Jan 30, 2020
Judicial Review of Prison Authorities' Handling of Confidential Correspondence under Article 8 ECHR Introduction The case of William McCulloch v Scottish Ministers ([2020] CSOH 13) presents a...
Clarifying the Illegality of Success Fee Arrangements under Pacta De Quota Litis: A & E Investments Inc. v Levy & McRae Solicitors LLP [2020]

Clarifying the Illegality of Success Fee Arrangements under Pacta De Quota Litis: A & E Investments Inc. v Levy & McRae Solicitors LLP [2020]

Date: Jan 30, 2020
Clarifying the Illegality of Success Fee Arrangements under Pacta De Quota Litis A & E Investments Inc. v. Levy & McRae Solicitors LLP and Jonathan Brown ([2020] ScotCS CSOH_14) Introduction The case...
Refinement of Unjustified Enrichment Claims in Cohabitation Cases: Christine Pert v John McCaffrey [2020] CSIH 5

Refinement of Unjustified Enrichment Claims in Cohabitation Cases: Christine Pert v John McCaffrey [2020] CSIH 5

Date: Jan 30, 2020
Refinement of Unjustified Enrichment Claims in Cohabitation Cases: Christine Pert v John McCaffrey [2020] CSIH 5 Introduction The case of Christine Pert (Appellant) v John McCaffrey (Respondent)...
Misdirection in Culpable Homicide Jurisprudence: The Landmark Ditchburn Appeal

Misdirection in Culpable Homicide Jurisprudence: The Landmark Ditchburn Appeal

Date: Jan 30, 2020
Misdirection in Culpable Homicide Jurisprudence: The Landmark Ditchburn Appeal Introduction The case of David Ditchburn vs. Her Majesty's Advocate ([2020] HCJAC 55) represents a pivotal moment in...
Prescription Limitation and Fraud in Reclaiming Motions: The Case of Campbell v Campbell's Executors [2020] ScotCS CSIH_4

Prescription Limitation and Fraud in Reclaiming Motions: The Case of Campbell v Campbell's Executors [2020] ScotCS CSIH_4

Date: Jan 29, 2020
Prescription Limitation and Fraud in Reclaiming Motions: The Case of Campbell v Campbell's Executors [2020] ScotCS CSIH_4 Introduction The case of Campbell v Campbell's Executors ([2020] ScotCS...
Abundance Investment Ltd v Scottish Ministers: Third-Party Investors Denied Judicial Review of Public Grant Decisions

Abundance Investment Ltd v Scottish Ministers: Third-Party Investors Denied Judicial Review of Public Grant Decisions

Date: Jan 29, 2020
Abundance Investment Ltd v Scottish Ministers: Third-Party Investors Denied Judicial Review of Public Grant Decisions Introduction In the case of Abundance Investment Ltd and Another v Scottish...
Salmon Net Fishing Association v Scottish Ministers: Upholding Ministerial Discretion in Environmental Conservation Measures under A1P1

Salmon Net Fishing Association v Scottish Ministers: Upholding Ministerial Discretion in Environmental Conservation Measures under A1P1

Date: Jan 25, 2020
Salmon Net Fishing Association v Scottish Ministers: Upholding Ministerial Discretion in Environmental Conservation Measures under A1P1 Introduction The case of Salmon Net Fishing Association of...
Mutual Corroboration in Child Sexual Abuse Cases: Insights from Adam and Daisley Appeals [2020] ScotHC HCJAC_5

Mutual Corroboration in Child Sexual Abuse Cases: Insights from Adam and Daisley Appeals [2020] ScotHC HCJAC_5

Date: Jan 25, 2020
Mutual Corroboration in Child Sexual Abuse Cases: Insights from Adam and Daisley Appeals [2020] ScotHC HCJAC_5 Introduction The case titled Notes of Appeal Against Conviction by (First) James Adam...
Burden of Proof and Witness Credibility in Proving Fraudulent Loan Agreements: Insights from James Stephen v Dorothy Melville [2020] ScotCS CSOH_10

Burden of Proof and Witness Credibility in Proving Fraudulent Loan Agreements: Insights from James Stephen v Dorothy Melville [2020] ScotCS CSOH_10

Date: Jan 24, 2020
Burden of Proof and Witness Credibility in Proving Fraudulent Loan Agreements: Insights from James Stephen and Another v Dorothy Melville and Another [2020] ScotCS CSOH_10 Introduction The case of...
Limits on Disregard Clauses in Rent Reviews: Inclusion of Landlord-Erected Buildings

Limits on Disregard Clauses in Rent Reviews: Inclusion of Landlord-Erected Buildings

Date: Jan 22, 2020
Limits on Disregard Clauses in Rent Reviews: Inclusion of Landlord-Erected Buildings Introduction The case of Ashthead Plant Hire Company Ltd v Granton Central Developments Ltd ([2020] ScotCS CSIH_2)...
Clarifying the Scope of Desertion Pro Loco Et Tempore under Section 56: HCJAC 37

Clarifying the Scope of Desertion Pro Loco Et Tempore under Section 56: HCJAC 37

Date: Jan 18, 2020
Clarifying the Scope of Desertion Pro Loco Et Tempore under Section 56: HCJAC 37 Introduction The case of Ross Patrick vs. Her Majesty's Advocate ([2021] HCJAC 37) presents a significant examination...
Clarifying the Boundaries of Perverting the Course of Justice: Insights from HER MAJESTY'S ADVOCATE vs. GRAHAM CAMERON TURNER

Clarifying the Boundaries of Perverting the Course of Justice: Insights from HER MAJESTY'S ADVOCATE vs. GRAHAM CAMERON TURNER

Date: Jan 18, 2020
Clarifying the Boundaries of Perverting the Course of Justice: Insights from HER MAJESTY'S ADVOCATE vs. GRAHAM CAMERON TURNER Introduction The case of Her Majesty's Advocate against Graham Cameron...
Admissibility of Collateral Evidence under the Criminal Procedure (Scotland) Act: Ruling in [2020] ScotHC HCJAC_3

Admissibility of Collateral Evidence under the Criminal Procedure (Scotland) Act: Ruling in [2020] ScotHC HCJAC_3

Date: Jan 17, 2020
Admissibility of Collateral Evidence under the Criminal Procedure (Scotland) Act: Ruling in [2020] ScotHC HCJAC_3 Introduction The case RN v Her Majesty's Advocate ([2020] ScotHC HCJAC_3) represents...
Darren Conquer v Lothian Health Board [2020] ScotCS CSOH_8: Establishing Causation in Complex Negligence Claims

Darren Conquer v Lothian Health Board [2020] ScotCS CSOH_8: Establishing Causation in Complex Negligence Claims

Date: Jan 16, 2020
Darren Conquer v Lothian Health Board [2020] ScotCS CSOH_8: Establishing Causation in Complex Negligence Claims Introduction In the case of Darren Conquer against Lothian Health Board ([2020] ScotCS...
Balancing Property Rights and Freedom of Expression: Shell v Greenpeace [2020]

Balancing Property Rights and Freedom of Expression: Shell v Greenpeace [2020]

Date: Jan 16, 2020
Balancing Property Rights and Freedom of Expression: Shell UK Ltd v Stichting Greenpeace Council and Another [2020] ScotCS CSOH_7 Introduction The case of Shell UK Ltd v Stichting Greenpeace Council...
Deference to Liquidators in Asset Realization: Insights from WEST LARKIN LTD Winding Up ([2020] CSOH 6)

Deference to Liquidators in Asset Realization: Insights from WEST LARKIN LTD Winding Up ([2020] CSOH 6)

Date: Jan 15, 2020
Deference to Liquidators in Asset Realization: Insights from WEST LARKIN LTD Winding Up ([2020] CSOH 6) Introduction The case of Joseph Alexander Sweeney in relation to the winding up of West Larkin...
Reasonable Belief in Consent: HER MAJESTY'S ADVOCATE AGAINST JW ([2020] HCJ 11) Commentary

Reasonable Belief in Consent: HER MAJESTY'S ADVOCATE AGAINST JW ([2020] HCJ 11) Commentary

Date: Jan 15, 2020
Reasonable Belief in Consent: HER MAJESTY'S ADVOCATE AGAINST JW ([2020] HCJ 11) Commentary Introduction The case of HER MAJESTY'S ADVOCATE against JW ([2020] HCJ 11) was adjudicated in the Scottish...
Clarifying Assignation Rights under Rule 7.21(4) in Insolvency Proceedings: Insights from Sweeney v. West Larkin Ltd

Clarifying Assignation Rights under Rule 7.21(4) in Insolvency Proceedings: Insights from Sweeney v. West Larkin Ltd

Date: Jan 15, 2020
Clarifying Assignation Rights under Rule 7.21(4) in Insolvency Proceedings: Insights from Sweeney v. West Larkin Ltd Introduction The case of Donalda Theresa Sweeney in relation to the winding up of...
Restoration of Dissolved Companies for Enforcing Foreign Judgments: Insights from MCR Oil Tools LLC v Spex Offshore (UK) Ltd [2020] CSOH 5

Restoration of Dissolved Companies for Enforcing Foreign Judgments: Insights from MCR Oil Tools LLC v Spex Offshore (UK) Ltd [2020] CSOH 5

Date: Jan 11, 2020
Restoration of Dissolved Companies for Enforcing Foreign Judgments: Insights from MCR Oil Tools LLC v Spex Offshore (UK) Ltd [2020] CSOH 5 Introduction The case of MCR Oil Tools LLC against Spex...
Third-Party Assignation Rights under the Third Parties (Rights against Insurers) Act 1930: A Comprehensive Analysis of AB and CD v Transform Medical Group and Travelers Insurance

Third-Party Assignation Rights under the Third Parties (Rights against Insurers) Act 1930: A Comprehensive Analysis of AB and CD v Transform Medical Group and Travelers Insurance

Date: Jan 10, 2020
Third-Party Assignation Rights under the Third Parties (Rights against Insurers) Act 1930: A Comprehensive Analysis of AB and CD v Transform Medical Group and Travelers Insurance Introduction The...
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