Scotland Case Commentaries

Judicial Commentary: Petition for Removal of Executors in Campbell v Campbell

Date: Jan 21, 2021

Judicial Commentary: Petition for Removal of Executors in Campbell v Campbell ([2010] ScotCS CSOH_3) Introduction The case of Campbell v Campbell ([2010] ScotCS CSOH_3) adjudicated by the Scottish...

Secure Accommodation Jurisdiction Affirmed for Under-18 Looked After Children: Reclaiming Motion by L [2021] CSIH 4

Date: Jan 18, 2021

Secure Accommodation Jurisdiction Affirmed for Under-18 Looked After Children: Reclaiming Motion by L [2021] CSIH 4 Introduction The case of Reclaiming Motion by L against the Principal Reporter of...

Al Megrahi Appeal: Unreasonable Verdict and Non-Disclosure in Lockerbie Case

Date: Jan 16, 2021

Al Megrahi Appeal: Unreasonable Verdict and Non-Disclosure in Lockerbie Case 1. Introduction The case of Abdelbaset Ali Mohamed Al Megrahi, the accused in the infamous Lockerbie bombing of Pan Am...

Enforcement of Adjudicator's Decision Under Scrutiny: Barhale Ltd v SP Transmission PLC

Date: Jan 13, 2021

Enforcement of Adjudicator's Decision Under Scrutiny: Barhale Ltd v SP Transmission PLC Introduction The case of Barhale Ltd v SP Transmission PLC ([2021] ScotCS CSOH_2) presents a pivotal...

Admissibility of Timing-Based Defense in Child Sexual Offence Cases: Insights from [2022] HCJAC 2 Judgment

Date: Jan 13, 2021

Admissibility of Timing-Based Defense in Child Sexual Offence Cases: Insights from [2022] HCJAC 2 Judgment Introduction The case of XY vs. Her Majesty's Advocate ([2022] HCJAC 2) represents a...

Compliance with Procedural Fairness in Fisheries Management: Commentary on THE SCOTTISH CREEL FISHERMAN'S FEDERATION AGAINST THE SCOTTISH MINISTERS ([2021] ScotCS CSOH_1)

Date: Jan 9, 2021

Compliance with Procedural Fairness in Fisheries Management: Commentary on THE SCOTTISH CREEL FISHERMAN'S FEDERATION AGAINST THE SCOTTISH MINISTERS ([2021] ScotCS CSOH_1) Introduction In the case of...

Strict Compliance for Reclaiming Motions in Scottish Court of Session – MW v BW [2021] CSIH1

Date: Jan 8, 2021

Strict Compliance for Reclaiming Motions in Scottish Court of Session MW (AP) v BW and Others [2021] ScotCS CSIH_1 Introduction The case of MW (AP) v BW and Others ([2021] ScotCS CSIH_1) was...

Assessment of Causal Links and Damage Calculation in Medical Negligence: Conquer v Lothian Health Board

Date: Dec 31, 2020

Assessment of Causal Links and Damage Calculation in Medical Negligence: Conquer v Lothian Health Board Introduction The case of Darren John Conquer against Lothian Health Board ([2020] ScotCS...

Strict Enforcement of Adjudicator's Decisions: Insights from D McLaughlin & Sons Ltd v East Ayrshire Council [2020] ScotCS CSOH_109

Date: Dec 31, 2020

Strict Enforcement of Adjudicator's Decisions: Insights from D McLaughlin & Sons Ltd v East Ayrshire Council [2020] ScotCS CSOH_109 Introduction The case of D McLaughlin & Sons Ltd v East Ayrshire...

Judicial Deference in Tribunal Credibility Assessments: Insights from DXL v. Secretary of State for the Home Department [2020]

Date: Dec 24, 2020

Judicial Deference in Tribunal Credibility Assessments: Insights from DXL v. Secretary of State for the Home Department [2020] Introduction The case of DXL v. The Secretary of State for the Home...

Irrational Discrimination in Noise Budget Allocation: The EnergieKontor UK Ltd Case

Date: Dec 24, 2020

Irrational Discrimination in Noise Budget Allocation: The EnergieKontor UK Ltd Case Introduction The case of EnergieKontor UK Limited for Judicial Review ([2020] ScotCS CSOH_107) addresses...

Lawfulness of Progression Restrictions for Deported Prisoners Upheld in Scottish Court of Session

Date: Dec 19, 2020

Lawfulness of Progression Restrictions for Deported Prisoners Upheld in Scottish Court of Session Introduction In the landmark case Ye Hao Yan or Li Bin Yan vs. Scottish Ministers ([2020] ScotCS...

Exhaustion of Administrative Review Before Judicial Review: CA v Home Office [2020] ScotCS CSOH_105

Date: Dec 19, 2020

Exhaustion of Administrative Review Before Judicial Review: CA v Home Office [2020] ScotCS CSOH_105 Introduction In the landmark case CA v Secretary of State for the Home Department [2020] ScotCS...

Trustee Fiduciary Duties and Ombudsman Protocols Confirmed in SIPP Mismanagement Appeal – Neil Cunningham v Namulas Pension Trustees Ltd [2020] ScotCS CSIH_73

Date: Dec 19, 2020

Trustee Fiduciary Duties and Ombudsman Protocols Confirmed in SIPP Mismanagement Appeal – Neil Cunningham v Namulas Pension Trustees Ltd [2020] ScotCS CSIH_73 Introduction The case of Neil Cunningham...

Jurisdictional Challenges in Adjudicator Decision Enforcement: Insights from HochTief Solutions AG v Maspero Elevatori S.p.A

Date: Dec 18, 2020

Jurisdictional Challenges in Adjudicator Decision Enforcement: Insights from HochTief Solutions AG v Maspero Elevatori S.p.A [2020] ScotCS CSOH_102 Introduction The case of (FIRST) HochTief Solutions...

Establishing and Challenging Servitude Rights in Scottish Property Law: Commentary on MAJOR DOUGLAS SOULSBY AGAINST RICHARD JONES AND ANOTHER ([2020] CSOH 103)

Date: Dec 18, 2020

Establishing and Challenging Servitude Rights in Scottish Property Law: Commentary on MAJOR DOUGLAS SOULSBY AGAINST RICHARD JONES AND ANOTHER ([2020] CSOH 103) Introduction The case of MAJOR DOUGLAS...

Gratuitous Receipt as Basis for Constructive Trusts in Scottish Law: Commentary on THE JOINT BANKRUPTCY TRUSTEES OF GREGORY KING AGAINST HUGH KING

Date: Dec 17, 2020

Gratuitous Receipt as Basis for Constructive Trusts in Scottish Law: Commentary on THE JOINT BANKRUPTCY TRUSTEES OF GREGORY KING AGAINST HUGH KING ([2020] ScotCS CSOH_101) Introduction The case of...

Set-Off Rights in Insolvency: RBS Public Ltd v Donnelly Establishes Precedent on Trust Deed Reduction

Date: Dec 17, 2020

Set-Off Rights in Insolvency: RBS Public Ltd v Donnelly Establishes Precedent on Trust Deed Reduction Introduction The case of The Royal Bank of Scotland Public Limited Company v (First) Mrs Alison...

Rectification of Sub-Lease Agreements Under Scottish Law: Limits of Non-Binding Preliminary Agreements

Date: Dec 16, 2020

Rectification of Sub-Lease Agreements Under Scottish Law: Limits of Non-Binding Preliminary Agreements Introduction The case of Briggs of Burton PLC against Doosan Babcock Ltd ([2020] ScotCS...

Clarifying the Application of Section 27 in Landfill Tax Contracts: Analyzing [2020] CSOH 99

Date: Dec 16, 2020

Clarifying the Application of Section 27 in Landfill Tax Contracts: Analyzing [2020] CSOH 99 Introduction The case of FIFE RESOURCE SOLUTIONS LLP versus ROBERTSON METALS RECYCLING LIMITED ([2020]...