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  • Commentaries

Scotland Case Commentaries

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...
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...
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