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  • Commentaries

Scotland Case Commentaries

Scottish Court of Session Upholds Rehabilitation Obligations under Article 5 ECHR in Glancy v Scottish Ministers

Scottish Court of Session Upholds Rehabilitation Obligations under Article 5 ECHR in Glancy v Scottish Ministers

Date: Jan 8, 2020
Scottish Court of Session Upholds Rehabilitation Obligations under Article 5 ECHR in Glancy v Scottish Ministers Introduction In the case of Michael Glancy v Scottish Ministers ([2020] ScotCS...
Commencement of Time Limit Under Section 27A of the Court of Session Act 1988: Odubajọ v Secretary of State for the Home Department

Commencement of Time Limit Under Section 27A of the Court of Session Act 1988: Odubajọ v Secretary of State for the Home Department

Date: Jan 8, 2020
Commencement of Time Limit Under Section 27A of the Court of Session Act 1988: Odubajọ v Secretary of State for the Home Department Introduction The judicial review case Adeyimi Odutola Odubajọ (AP)...
Allocation of Expenses in Dawn Raid Document Recovery: JET LOGIC LTD v PRIVATE JET BOUTIQUE LTD [2019] SC 81

Allocation of Expenses in Dawn Raid Document Recovery: JET LOGIC LTD v PRIVATE JET BOUTIQUE LTD [2019] SC 81

Date: Jul 17, 2019
Allocation of Expenses in Dawn Raid Document Recovery: JET LOGIC LTD v PRIVATE JET BOUTIQUE LTD [2019] SC 81 Introduction The case of JET LOGIC LIMITED ("the pursuer") versus THE PRIVATE JET BOUTIQUE...
Reaffirming Family Unity in Immigration Law: SA (First) v Secretary of State for the Home Department

Reaffirming Family Unity in Immigration Law: SA (First) v Secretary of State for the Home Department

Date: Sep 7, 2017
Reaffirming Family Unity in Immigration Law: SA (First) v Secretary of State for the Home Department Introduction The case of SA (First) (AP); SI (Second); SI (Third); TI (Fourth) v Secretary of...
Prescription (Scotland) Act 1973 and Its Application in Huntaven Properties Ltd v. Hunter Construction Ltd

Prescription (Scotland) Act 1973 and Its Application in Huntaven Properties Ltd v. Hunter Construction Ltd

Date: Mar 31, 2017
Prescription (Scotland) Act 1973 and Its Application in Huntaven Properties Ltd v. Hunter Construction Ltd Introduction The case of Huntaven Properties Ltd v. Hunter Construction (Aberdeen) Ltd & Ors...
Adjudicator’s Powers and Jurisdictional Obligations in Adjudication: Comprehensive Analysis of NKT Cables A/S v. SP Power Systems Ltd [2017] CSOH 38

Adjudicator’s Powers and Jurisdictional Obligations in Adjudication: Comprehensive Analysis of NKT Cables A/S v. SP Power Systems Ltd [2017] CSOH 38

Date: Mar 9, 2017
Adjudicator’s Powers and Jurisdictional Obligations in Adjudication: Comprehensive Analysis of NKT Cables A/S v. SP Power Systems Ltd [2017] CSOH 38 Introduction The case of NKT Cables A/S v. SP...
MIAB (AP) & Ors v. SSHD: Defining the Threshold for Amending Asylum Petitions under Dublin Regulation

MIAB (AP) & Ors v. SSHD: Defining the Threshold for Amending Asylum Petitions under Dublin Regulation

Date: Jul 28, 2016
MIAB (AP) & Ors v. Secretary of State for the Home Department: Defining the Threshold for Amending Asylum Petitions under Dublin Regulation Introduction MIAB (AP) & Ors v. Secretary of State for the...
Elsick Development Co Ltd v. Aberdeen City: Clarifying the Limits of Planning Obligations under Circular 3/2012

Elsick Development Co Ltd v. Aberdeen City: Clarifying the Limits of Planning Obligations under Circular 3/2012

Date: Apr 30, 2016
Elsick Development Co Ltd v. Aberdeen City: Clarifying the Limits of Planning Obligations under Circular 3/2012 Introduction The case of Elsick Development Co Ltd v. Aberdeen City and Shire Strategic...
Clarifying Prescriptive Periods under the Prescription and Limitation (Scotland) Act 1973: Gordon & Ors v Campbell Riddell Breeze Paterson LLP

Clarifying Prescriptive Periods under the Prescription and Limitation (Scotland) Act 1973: Gordon & Ors v Campbell Riddell Breeze Paterson LLP

Date: Mar 9, 2016
Clarifying Prescriptive Periods under the Prescription and Limitation (Scotland) Act 1973: Gordon & Ors v Campbell Riddell Breeze Paterson LLP Introduction The case of Linda Anne Gordon and Others v...
Prescott v. The University of St Andrews [2016] CSOH_3: Emphasizing Evidential Reliability in Negligence Claims for Asbestos Exposure

Prescott v. The University of St Andrews [2016] CSOH_3: Emphasizing Evidential Reliability in Negligence Claims for Asbestos Exposure

Date: Jan 14, 2016
Prescott v. The University of St Andrews [2016] CSOH_3: Emphasizing Evidential Reliability in Negligence Claims for Asbestos Exposure Introduction Case: Prescott v. The University of St Andrews...
Defining 'Good and Substantial Repair' in Lease Agreements: Analysis of SIPP (Pension Trustees) Ltd v Insight Travel Services Ltd ([2015] ScotCS CSIH_91)

Defining 'Good and Substantial Repair' in Lease Agreements: Analysis of SIPP (Pension Trustees) Ltd v Insight Travel Services Ltd ([2015] ScotCS CSIH_91)

Date: Dec 12, 2015
Defining 'Good and Substantial Repair' in Lease Agreements: Analysis of SIPP (Pension Trustees) Ltd v Insight Travel Services Ltd ([2015] ScotCS CSIH_91) Introduction The case SIPP (Pension Trustees)...
Regulatory Competency in Disability Benefits: Insights from Secretary of State for Work and Pensions v. Robertson

Regulatory Competency in Disability Benefits: Insights from Secretary of State for Work and Pensions v. Robertson

Date: Nov 25, 2015
Regulatory Competency in Disability Benefits: Insights from Secretary of State for Work and Pensions v. Robertson Introduction The case of Secretary of State for Work and Pensions v. Robertson...
Sutherland v. HM Advocate: Establishing Sentencing Standards for High-Level Drug Suppliers in Scotland

Sutherland v. HM Advocate: Establishing Sentencing Standards for High-Level Drug Suppliers in Scotland

Date: Nov 25, 2015
Sutherland v. HM Advocate: Establishing Sentencing Standards for High-Level Drug Suppliers in Scotland Introduction Sutherland v. HM Advocate (2015 GWD 39-621) is a pivotal case adjudicated by the...
Prescriptive Periods and Fraud: Heather Capital Ltd v Burness Paull & Williamsons LLP

Prescriptive Periods and Fraud: Heather Capital Ltd v Burness Paull & Williamsons LLP

Date: Nov 7, 2015
Prescriptive Periods and Fraud: Heather Capital Ltd v Burness Paull & Williamsons LLP Introduction Heather Capital Ltd v Burness Paull & Williamsons LLP ([2015] ScotCS CSOH_150) is a pivotal case...
Kinloch v. HM Advocate: Reinforcing Offence-Oriented Risk Assessment in Sentencing

Kinloch v. HM Advocate: Reinforcing Offence-Oriented Risk Assessment in Sentencing

Date: Nov 7, 2015
Kinloch v. HM Advocate: Reinforcing Offence-Oriented Risk Assessment in Sentencing Introduction The case of Kinloch v. HM Advocate (2016 SCCR 25) adjudicated by the Scottish High Court of Justiciary...
AW v. Greater Glasgow Health Board: Establishing Negligence Without Causation in Medical Malpractice

AW v. Greater Glasgow Health Board: Establishing Negligence Without Causation in Medical Malpractice

Date: Jul 25, 2015
AW v. Greater Glasgow Health Board: Establishing Negligence Without Causation in Medical Malpractice Introduction The case of AW v. Greater Glasgow Health Board ([2015] ScotCS CSOH_99) was...
Reaffirmation of Distinctions in Immigration Applications: SM v. The Secretary of State for the Home Department

Reaffirmation of Distinctions in Immigration Applications: SM v. The Secretary of State for the Home Department

Date: Nov 22, 2014
Reaffirmation of Distinctions in Immigration Applications: SM v. The Secretary of State for the Home Department Introduction SM v. The Secretary of State for the Home Department ([2014] ScotCS...
Grove Investments Ltd v Cape Building Products Ltd: Redefining Dilapidations Clauses in Commercial Leases

Grove Investments Ltd v Cape Building Products Ltd: Redefining Dilapidations Clauses in Commercial Leases

Date: May 14, 2014
Grove Investments Ltd v Cape Building Products Ltd: Redefining Dilapidations Clauses in Commercial Leases Introduction In the landmark case of Grove Investments Ltd v Cape Building Products Ltd...
Limitation of Liquidators' Powers to Disclaim Environmental Licenses under Scottish Environmental Legislation

Limitation of Liquidators' Powers to Disclaim Environmental Licenses under Scottish Environmental Legislation

Date: Dec 13, 2013
Limitation of Liquidators' Powers to Disclaim Environmental Licenses under Scottish Environmental Legislation Introduction In the landmark case of The Scottish Environmental Protection Agency & Ors,...
Establishing Requirements for Prima Facie Case in Interdict Applications: AA v BB [2013] ScotSC 102

Establishing Requirements for Prima Facie Case in Interdict Applications: AA v BB [2013] ScotSC 102

Date: Dec 4, 2013
Establishing Requirements for Prima Facie Case in Interdict Applications: AA v BB [2013] ScotSC 102 Introduction The case of AA v. BB ([2013] ScotSC 102) was adjudicated in the Kirkcudbright Sheriff...
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