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  • Commentaries

Scotland Case Commentaries

Mutuality of Contract Does Not Preclude Constructive Dismissal: McNeill v. Aberdeen City Council (No 2)

Mutuality of Contract Does Not Preclude Constructive Dismissal: McNeill v. Aberdeen City Council (No 2)

Date: Nov 29, 2013
Mutuality of Contract Does Not Preclude Constructive Dismissal Case: McNeill v. Aberdeen City Council (No 2) ([2015] ICR 27) Court: Scottish Court of Session Date: 28 November 2013 Introduction The...
Material Change of Circumstances in Land Valuation: Economic Downturn as Sole Factor

Material Change of Circumstances in Land Valuation: Economic Downturn as Sole Factor

Date: Nov 20, 2013
Material Change of Circumstances in Land Valuation: Economic Downturn as Sole Factor Introduction The case of SCHUH Ltd & The Royal Bank of Scotland PLC et al. v. Assessor for Glasgow ([2013] ScotCS...
Reconsideration of Fair Dismissal Procedures in BS v. Dundee City Council: Establishing Enhanced Procedural Standards

Reconsideration of Fair Dismissal Procedures in BS v. Dundee City Council: Establishing Enhanced Procedural Standards

Date: Nov 13, 2013
Reconsideration of Fair Dismissal Procedures in BS v. Dundee City Council: Establishing Enhanced Procedural Standards Introduction The case of BS v. Dundee City Council ([2014] IRLR 131) adjudicated...
Reassessing Time Limit Waivers in Criminal Injuries Compensation Claims: Insights from JM v Advocate General for Scotland

Reassessing Time Limit Waivers in Criminal Injuries Compensation Claims: Insights from JM v Advocate General for Scotland

Date: Oct 30, 2013
Reassessing Time Limit Waivers in Criminal Injuries Compensation Claims: Insights from JM v Advocate General for Scotland Introduction The case of JM v. Advocate General for Scotland (2013 GWD...
Aberdeen Asset Management Plc v HMRC [2013]: Defining 'Payment' and 'Readily Convertible Assets' under PAYE

Aberdeen Asset Management Plc v HMRC [2013]: Defining 'Payment' and 'Readily Convertible Assets' under PAYE

Date: Oct 24, 2013
Aberdeen Asset Management Plc v HMRC [2013]: Defining 'Payment' and 'Readily Convertible Assets' under PAYE Introduction The case of Aberdeen Asset Management Plc v The Commissioners for Her...
Establishing a Duty of Care for Road Authorities: MacDonald v. Aberdeenshire Council [2013] CSIH 83

Establishing a Duty of Care for Road Authorities: MacDonald v. Aberdeenshire Council [2013] CSIH 83

Date: Oct 20, 2013
Establishing a Duty of Care for Road Authorities: MacDonald v. Aberdeenshire Council [2013] CSIH 83 Introduction MacDonald v. Aberdeenshire Council ([2013] ScotCS CSIH_83) is a pivotal case decided...
Apparent Bias and Standard of Proof in Civil Recovery: Insights from The Scottish Ministers v. Stirton & Anor (2013)

Apparent Bias and Standard of Proof in Civil Recovery: Insights from The Scottish Ministers v. Stirton & Anor (2013)

Date: Oct 12, 2013
Apparent Bias and Standard of Proof in Civil Recovery: Insights from The Scottish Ministers v. Stirton & Anor (2013) Introduction The Scottish Ministers v. Stirton & Anor (2013 GWD 34-666) is a...
Shehadeh v. Secretary of State for the Home Department: Reinforcing the Hardial Singh Principles in Detention Law

Shehadeh v. Secretary of State for the Home Department: Reinforcing the Hardial Singh Principles in Detention Law

Date: Aug 22, 2013
Shehadeh v. Secretary of State for the Home Department: Reinforcing the Hardial Singh Principles in Detention Law Introduction The case of Shehadeh (FE) v. Secretary of State for the Home Department...
Upholding Standards for Expert Evidence in Asylum Proceedings: A Comprehensive Analysis of M.AB.N. & Anor v. The Advocate General for Scotland

Upholding Standards for Expert Evidence in Asylum Proceedings: A Comprehensive Analysis of M.AB.N. & Anor v. The Advocate General for Scotland

Date: Jul 13, 2013
Upholding Standards for Expert Evidence in Asylum Proceedings: A Comprehensive Analysis of M.AB.N. & Anor v. The Advocate General for Scotland Introduction M.AB.N. & Anor v. The Advocate General for...
Establishing Protective Expenses Orders under Rule 58A: Insights from Carroll v. Scottish Borders Council ([2014] CSOH 30)

Establishing Protective Expenses Orders under Rule 58A: Insights from Carroll v. Scottish Borders Council ([2014] CSOH 30)

Date: Jul 13, 2013
Establishing Protective Expenses Orders under Rule 58A: Insights from Carroll v. Scottish Borders Council ([2014] CSOH 30) Introduction Carroll v. Scottish Borders Council ([2014] CSOH 30) is a...
Vicarious Liability for Employee Harassment: Analysis of Vaickuviene & Ors v. J SAINSBURY PLC ([2013] CSIH 67)

Vicarious Liability for Employee Harassment: Analysis of Vaickuviene & Ors v. J SAINSBURY PLC ([2013] CSIH 67)

Date: Jul 12, 2013
Vicarious Liability for Employee Harassment: Analysis of Vaickuviene & Ors v. J SAINSBURY PLC ([2013] CSIH 67) Introduction The case of Vaickuviene & Ors v. J Sainsbury PLC ([2013] CSIH 67) presents...
SW v. TW [2013] CSOH 136: Equitable Sharing of Matrimonial Property Considering Business Asset Valuation and Tax Liabilities

SW v. TW [2013] CSOH 136: Equitable Sharing of Matrimonial Property Considering Business Asset Valuation and Tax Liabilities

Date: Jul 9, 2013
SW v. TW [2013] CSOH 136: Equitable Sharing of Matrimonial Property Considering Business Asset Valuation and Tax Liabilities Introduction SW v. TW ([2013] CSOH 136) is a pivotal case adjudicated by...
CEVA FREIGHT UK Ltd v. SEAWELL LIMITED: Defining "Organised Grouping" under TUPE Regulations

CEVA FREIGHT UK Ltd v. SEAWELL LIMITED: Defining "Organised Grouping" under TUPE Regulations

Date: Jun 22, 2013
CEVA FREIGHT UK Ltd v. SEAWELL LIMITED: Defining "Organised Grouping" under TUPE Regulations Introduction The case of CEVA FREIGHT (UK) LIMITED v. SEAWELL LIMITED ([2013] ScotCS CSIH_59) addresses...
Good Arguable Case Standard Affirmed for Article 8 Claims under New UK Immigration Rules

Good Arguable Case Standard Affirmed for Article 8 Claims under New UK Immigration Rules

Date: Jun 12, 2013
Good Arguable Case Standard Affirmed for Article 8 Claims under New UK Immigration Rules Introduction The petition of MS v. Secretary of State for the Home Department ([2013] ScotCS CSIH_52) marks a...
SA v The Secretary of State for the Home Department: Clarifying the Eba Test for Judicial Review of Upper Tribunal Immigration Decisions

SA v The Secretary of State for the Home Department: Clarifying the Eba Test for Judicial Review of Upper Tribunal Immigration Decisions

Date: Jun 7, 2013
SA v The Secretary of State for the Home Department: Clarifying the Eba Test for Judicial Review of Upper Tribunal Immigration Decisions Introduction The case of SA v The Secretary of State for the...
Patersons of Greenoakhill Ltd v. Biffa Waste Services Ltd: Pioneering Contractual Interpretation and Rectification

Patersons of Greenoakhill Ltd v. Biffa Waste Services Ltd: Pioneering Contractual Interpretation and Rectification

Date: Feb 2, 2013
Patersons of Greenoakhill Ltd v. Biffa Waste Services Ltd: Pioneering Contractual Interpretation and Rectification Introduction The case of Patersons of Greenoakhill Ltd v. Biffa Waste Services Ltd...
Cairngorms Campaign v Cairngorms National Park Authority: Upholding Conservation Priorities in Local Planning

Cairngorms Campaign v Cairngorms National Park Authority: Upholding Conservation Priorities in Local Planning

Date: Sep 22, 2012
Cairngorms Campaign v Cairngorms National Park Authority: Upholding Conservation Priorities in Local Planning Introduction The case of Cairngorms Campaign & Ors v. Cairngorms National Park Authority...
Grant Estates Ltd v Royal Bank of Scotland Plc: Corporate Exclusion from Private Person Status under FSMA in Regulatory Breach Claims

Grant Estates Ltd v Royal Bank of Scotland Plc: Corporate Exclusion from Private Person Status under FSMA in Regulatory Breach Claims

Date: Aug 22, 2012
Grant Estates Ltd v Royal Bank of Scotland Plc: Corporate Exclusion from Private Person Status under FSMA in Regulatory Breach Claims Introduction The case of Grant Estates Ltd v Royal Bank of...
Assessing "Clearly Unfounded" Asylum Claims: Insights from MN v. The Secretary of State for the Home Department

Assessing "Clearly Unfounded" Asylum Claims: Insights from MN v. The Secretary of State for the Home Department

Date: Jun 1, 2012
Assessing "Clearly Unfounded" Asylum Claims: Insights from MN v. The Secretary of State for the Home Department Introduction The case of MN v. The Secretary of State for the Home Department ([2012]...
Limits on Employment Tribunals' Power to Strike Out Unfair Dismissal Claims: Tayside Public Transport v Reilly [2012]

Limits on Employment Tribunals' Power to Strike Out Unfair Dismissal Claims: Tayside Public Transport v Reilly [2012]

Date: May 31, 2012
Limits on Employment Tribunals' Power to Strike Out Unfair Dismissal Claims: Tayside Public Transport v. Reilly [2012] Introduction The case of Tayside Public Transport Company Ltd (t/a Travel...
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