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  • Commentaries

Scotland Case Commentaries

Rejection of Transferred Loss Claims in Scots Law: Insights from Arthur Simmers v Green Cat Renewables LTD

Rejection of Transferred Loss Claims in Scots Law: Insights from Arthur Simmers v Green Cat Renewables LTD

Date: Feb 4, 2025
Rejection of Transferred Loss Claims in Scots Law: Insights from Arthur Simmers v Green Cat Renewables LTD Introduction The case of Arthur Simmers against Green Cat Renewables LTD and Green Cat...
Enhanced Sentencing Guidelines for Parental Sexual Offenses: Insights from Crown Appeal against Sentence by HMA against RB

Enhanced Sentencing Guidelines for Parental Sexual Offenses: Insights from Crown Appeal against Sentence by HMA against RB

Date: Jan 29, 2025
Enhanced Sentencing Guidelines for Parental Sexual Offenses: Insights from Crown Appeal against Sentence by HMA against RB Introduction The case of Crown Appeal against Sentence by HMA against RB...
Affirmation of Section 11A: Limiting Judicial Review Confirmed under Parliamentary Sovereignty and the Rule of Law

Affirmation of Section 11A: Limiting Judicial Review Confirmed under Parliamentary Sovereignty and the Rule of Law

Date: Jan 29, 2025
Affirmation of Section 11A: Limiting Judicial Review Confirmed under Parliamentary Sovereignty and the Rule of Law Introduction The case of Reclaiming Motion in Petition for Judicial Review by Ragbir...
Duty of Care in Public Authority Contracts: Insights from Biffa Waste Services Ltd v Scottish Ministers

Duty of Care in Public Authority Contracts: Insights from Biffa Waste Services Ltd v Scottish Ministers

Date: Jan 29, 2025
Duty of Care in Public Authority Contracts: Insights from Biffa Waste Services Ltd v Scottish Ministers Introduction The case of Biffa Waste Services Limited against the Scottish Ministers ([2025]...
Ibbotson Revisited: Disregarding “duplication of sentencing purposes” and reaffirming a stepwise totality approach to consecutive sentences and plea discounts in organised crime cases

Ibbotson Revisited: Disregarding “duplication of sentencing purposes” and reaffirming a stepwise totality approach to consecutive sentences and plea discounts in organised crime cases

Date: Jan 29, 2025
Ibbotson Revisited: Disregarding “duplication of sentencing purposes” and reaffirming a stepwise totality approach to consecutive sentences and plea discounts in organised crime cases Introduction In...
Permitted Extension of Permanence Orders to Children Aged 16–17 under the Adoption and Children (Scotland) Act 2007

Permitted Extension of Permanence Orders to Children Aged 16–17 under the Adoption and Children (Scotland) Act 2007

Date: Jan 25, 2025
Permitted Extension of Permanence Orders to Children Aged 16–17 under the Adoption and Children (Scotland) Act 2007 Introduction Glasgow City Council v MM ([2025] CSIH 3) concerned the statutory...
Affirmation of Sentencing Principles in Youth Culpable Homicide Cases

Affirmation of Sentencing Principles in Youth Culpable Homicide Cases

Date: Jan 22, 2025
Affirmation of Sentencing Principles in Youth Culpable Homicide Cases Introduction The case of NRL vs. His Majesty's Advocate ([2025] HCJAC 4) adjudicated in the Scottish High Court of Justiciary on...
Application of the UNCRC Incorporation Act 2024 to Prosecutorial Functions: A Landmark Judgment

Application of the UNCRC Incorporation Act 2024 to Prosecutorial Functions: A Landmark Judgment

Date: Jan 20, 2025
Application of the UNCRC Incorporation Act 2024 to Prosecutorial Functions: A Landmark Judgment Introduction The case titled References by HMA to the High Court of Judiciary in the summary...
Equitable Division of Matrimonial Property in TC vs LC: A New Precedent in Scottish Divorce Law

Equitable Division of Matrimonial Property in TC vs LC: A New Precedent in Scottish Divorce Law

Date: Jan 20, 2025
Equitable Division of Matrimonial Property in TC vs LC: A New Precedent in Scottish Divorce Law Introduction The case of TC against LC ([2025] CSOH 8) adjudicated by the Scottish Court of Session on...
Reclaiming Motion in Caz Rae v Glasgow City Council: Establishing New Standards for Environmental Impact Assessment Screening

Reclaiming Motion in Caz Rae v Glasgow City Council: Establishing New Standards for Environmental Impact Assessment Screening

Date: Jan 20, 2025
Reclaiming Motion in Caz Rae v Glasgow City Council: Establishing New Standards for Environmental Impact Assessment Screening Introduction The case of Caz Rae against Glasgow City Council ([2025]...
Clarifying the Criteria for Reduction of Decree of Divorce in Absence: Insights from Hafthorsdotir v. Eyvindsson [2025] CSOH 6

Clarifying the Criteria for Reduction of Decree of Divorce in Absence: Insights from Hafthorsdotir v. Eyvindsson [2025] CSOH 6

Date: Jan 20, 2025
Clarifying the Criteria for Reduction of Decree of Divorce in Absence: Insights from Hafthorsdotir v. Eyvindsson [2025] CSOH 6 Introduction In the landmark case of Linda Bjork Hafthorsdotir against...
Restrictive Interpretation of Successor's Enforcement Rights under Section 75 of the Town and Country Planning (Scotland) Act 1997

Restrictive Interpretation of Successor's Enforcement Rights under Section 75 of the Town and Country Planning (Scotland) Act 1997

Date: Jan 20, 2025
Restrictive Interpretation of Successor's Enforcement Rights under Section 75 of the Town and Country Planning (Scotland) Act 1997 Introduction In Arbitration Appeal No.3 of 2024 (Court of Session),...
Enforcement of Low Emission Zone Penalties: The Significance of Proper Notification in Glasgow City Council v. Hamilton

Enforcement of Low Emission Zone Penalties: The Significance of Proper Notification in Glasgow City Council v. Hamilton

Date: Jan 20, 2025
Enforcement of Low Emission Zone Penalties: The Significance of Proper Notification in Glasgow City Council v. Hamilton Introduction In the pivotal case of Glasgow City Council v. Mr. Hamilton [2025]...
Reaffirmation of the Evidential Burden on Reasonable Belief in Sexual Consent Cases

Reaffirmation of the Evidential Burden on Reasonable Belief in Sexual Consent Cases

Date: Jan 18, 2025
Reaffirmation of the Evidential Burden on Reasonable Belief in Sexual Consent Cases Introduction In the case of Application by David Little against HMA ([2025] HCJAC 17), the Scottish High Court of...
Art and Part Liability in Joint Criminal Enterprise: A Comprehensive Analysis of HCJAC 6

Art and Part Liability in Joint Criminal Enterprise: A Comprehensive Analysis of HCJAC 6

Date: Jan 16, 2025
Art and Part Liability in Joint Criminal Enterprise: A Comprehensive Analysis of HCJAC 6 Introduction The case of Andrew Kelly & Donna Baird v HMA, adjudicated by the High Court of Justiciary on...
Judicial Review of Energy Consent Decisions: CSOH 3 Affirms Ministerial Discretion on Late Representations

Judicial Review of Energy Consent Decisions: CSOH 3 Affirms Ministerial Discretion on Late Representations

Date: Jan 14, 2025
Judicial Review of Energy Consent Decisions: CSOH 3 Affirms Ministerial Discretion on Late Representations Introduction The case of James Walker and others v. Scottish Ministers ([2025] CSOH 3)...
Balancing Permitted Development Rights with Access Rights: Insights from Brown v Glasgow City Council [2025] CSOH 4

Balancing Permitted Development Rights with Access Rights: Insights from Brown v Glasgow City Council [2025] CSOH 4

Date: Jan 14, 2025
Balancing Permitted Development Rights with Access Rights: Insights from Brown v Glasgow City Council [2025] CSOH 4 Introduction In the landmark case of Gregory Brown v Glasgow City Council ([2025]...
Judicial Review Sets New Standards for Procedural Fairness in Academic Appeals

Judicial Review Sets New Standards for Procedural Fairness in Academic Appeals

Date: Jan 14, 2025
Judicial Review Sets New Standards for Procedural Fairness in Academic Appeals Introduction The case of HK v University of Dundee (2025) CSOH 1 marks a significant development in the realm of...
Retrospective Administration Orders in Scottish Insolvency Law: Insights from Methodist Homes v Insolvency Act 1986 [2025] CSOH 2

Retrospective Administration Orders in Scottish Insolvency Law: Insights from Methodist Homes v Insolvency Act 1986 [2025] CSOH 2

Date: Jan 14, 2025
Retrospective Administration Orders in Scottish Insolvency Law: Insights from Methodist Homes v Insolvency Act 1986 [2025] CSOH 2 Introduction Overview of the Case The case of Methodist Homes for an...
Clarifying Disclosure Obligations: The Role of Victim Impact Statements in Scottish Criminal Justice

Clarifying Disclosure Obligations: The Role of Victim Impact Statements in Scottish Criminal Justice

Date: Jan 10, 2025
Clarifying Disclosure Obligations: The Role of Victim Impact Statements in Scottish Criminal Justice Introduction The case of JB vs. HMA ([2025] HCJAC 1) adjudicated by the Scottish High Court of...
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