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  • Commentaries

Scotland Case Commentaries

Information-Gathering Resolutions and the Public Service Equality Duty: McLean v Aberdeen City Council ([2025] CSIH 13)

Information-Gathering Resolutions and the Public Service Equality Duty: McLean v Aberdeen City Council ([2025] CSIH 13)

Date: May 21, 2025
Information-Gathering Resolutions and the Public Service Equality Duty Introduction Simon McLean, a resident of Torry in Aberdeen, uses St Fittick’s Park (“the Park”) for recreation and well-being....
Defining Suitability and Efficiency in Scottish Group Proceedings: Mackay v Nissan Motor Co Ltd & Ors

Defining Suitability and Efficiency in Scottish Group Proceedings: Mackay v Nissan Motor Co Ltd & Ors

Date: May 21, 2025
Defining Suitability and Efficiency in Scottish Group Proceedings: Mackay v Nissan Motor Co Ltd & Ors Introduction This commentary examines the Inner House decision in Reclaiming Motion by Joseph...
Objective Determination of the “Relevant Date” for Cohabitation in Scottish Divorce Settlements

Objective Determination of the “Relevant Date” for Cohabitation in Scottish Divorce Settlements

Date: May 10, 2025
Objective Determination of the “Relevant Date” for Cohabitation in Scottish Divorce Settlements Introduction This commentary examines the Inner House decision in CD v ND ([2025] CSIH 12), delivered...
Onus and Evidence for Deserting Trial & Fitness for Trial: Mullen v HMA [2025] HCJAC 22

Onus and Evidence for Deserting Trial & Fitness for Trial: Mullen v HMA [2025] HCJAC 22

Date: May 3, 2025
Onus and Evidence for Deserting Trial & Fitness for Trial: Mullen v HMA [2025] HCJAC 22 Introduction This appeal arises from convictions of Richard Mullen for having offensive weapons in Perth Prison...
Discretionary Lot Allocation Under the Light-Touch Regime: Permissible Limits and Equal Treatment in Multi-Lot Public Contracts

Discretionary Lot Allocation Under the Light-Touch Regime: Permissible Limits and Equal Treatment in Multi-Lot Public Contracts

Date: May 3, 2025
Discretionary Lot Allocation Under the Light-Touch Regime: Permissible Limits and Equal Treatment in Multi-Lot Public Contracts 1. Introduction This commentary examines the judgment of the Scottish...
Effective Notice and Right to Challenge in Enforcement of UAE Payment Orders

Effective Notice and Right to Challenge in Enforcement of UAE Payment Orders

Date: May 2, 2025
Effective Notice and Right to Challenge in Enforcement of UAE Payment Orders Introduction In Papel Payment Services Provider LLC v Monitox Ltd [2025] CSOH 41, the Outer House of the Scottish Court of...
Clarifying Discretion for KOLL Exemptions under the British Nationality Act 1981: Distinguishing Test Failure from Underlying Medical Conditions

Clarifying Discretion for KOLL Exemptions under the British Nationality Act 1981: Distinguishing Test Failure from Underlying Medical Conditions

Date: May 2, 2025
Clarifying Discretion for KOLL Exemptions under the British Nationality Act 1981: Distinguishing Test Failure from Underlying Medical Conditions Introduction In Petition of Shorshi Mohammadi for...
Threshold for Fresh Evidence Appeals: Reasonable Explanation and Significance under Section 106(3) of the Criminal Procedure (Scotland) Act 1995

Threshold for Fresh Evidence Appeals: Reasonable Explanation and Significance under Section 106(3) of the Criminal Procedure (Scotland) Act 1995

Date: Apr 30, 2025
Threshold for Fresh Evidence Appeals: Reasonable Explanation and Significance under Section 106(3) of the Criminal Procedure (Scotland) Act 1995 Introduction The case of Marshall v His Majesty’s...
Counsel’s Discretion and the Narrow Scope of Defective Representation Appeals in Sexual Offence Trials

Counsel’s Discretion and the Narrow Scope of Defective Representation Appeals in Sexual Offence Trials

Date: Apr 30, 2025
Counsel’s Discretion and the Narrow Scope of Defective Representation Appeals in Sexual Offence Trials Introduction This commentary examines the Scottish High Court of Justiciary’s decision in...
Pragmatic Apportionment of Interest on Solatium and Past Wage Loss in Lump Sum Awards

Pragmatic Apportionment of Interest on Solatium and Past Wage Loss in Lump Sum Awards

Date: Apr 29, 2025
Pragmatic Apportionment of Interest on Solatium and Past Wage Loss in Lump Sum Awards Introduction F v Gordon Chalmers & Others [2025] CSOH 43 is a Note on Interest delivered by Lord Clark in the...
Reaffirmation of Counterfactual Test and Valuation Principles in Unlawful Means Conspiracy Claims

Reaffirmation of Counterfactual Test and Valuation Principles in Unlawful Means Conspiracy Claims

Date: Apr 25, 2025
Reaffirmation of Counterfactual Test and Valuation Principles in Unlawful Means Conspiracy Claims Introduction This judgment arises from Robert Gordon Kidd’s reclaiming motion against Lime Rock...
Relatives’ Actions Timeously Raised Under Section 18(2)(a) Are Not Caught by the Jury Trial Bar in Section 22(4) of the 1973 Act

Relatives’ Actions Timeously Raised Under Section 18(2)(a) Are Not Caught by the Jury Trial Bar in Section 22(4) of the 1973 Act

Date: Apr 23, 2025
Relatives’ Actions Timeously Raised Under Section 18(2)(a) Are Not Caught by the Jury Trial Bar in Section 22(4) of the 1973 Act Introduction This commentary examines the Scottish Court of Session...
Statutory Baseline in Community Care: Local Authorities’ Duty to Independently Meet Assessed Needs Before Third-Party Supplementation

Statutory Baseline in Community Care: Local Authorities’ Duty to Independently Meet Assessed Needs Before Third-Party Supplementation

Date: Apr 18, 2025
Statutory Baseline in Community Care: Local Authorities’ Duty to Independently Meet Assessed Needs Before Third-Party Supplementation Introduction In Jodie Taylor for Judicial Review ([2025] CSOH...
Disapplication of Bright-Line “Relevant Person” Status in Children’s Hearings to Protect Article 8 Rights

Disapplication of Bright-Line “Relevant Person” Status in Children’s Hearings to Protect Article 8 Rights

Date: Apr 16, 2025
Disapplication of Bright-Line “Relevant Person” Status in Children’s Hearings to Protect Article 8 Rights 1. Introduction This commentary discusses the Inner House decision in Reclaiming Motion by A...
Employers’ Instruction as Condition Precedent to Contractual Indemnity: Dragados UK Ltd v Port of Aberdeen

Employers’ Instruction as Condition Precedent to Contractual Indemnity: Dragados UK Ltd v Port of Aberdeen

Date: Apr 11, 2025
Employers’ Instruction as Condition Precedent to Contractual Indemnity: Dragados UK Ltd v Port of Aberdeen Introduction Dragados UK Limited (“the Pursuer”) sued the Port of Aberdeen (“the Defender”)...
Clarity Requirement for Binding Testamentary Promises: Davies v Cassie [2025] CSOH 36

Clarity Requirement for Binding Testamentary Promises: Davies v Cassie [2025] CSOH 36

Date: Apr 9, 2025
Clarity Requirement for Binding Testamentary Promises: Davies v Cassie [2025] CSOH 36 Introduction In the Outer House of the Scottish Court of Session, Lord Colbeck delivered the opinion in Louise...
Pre‑Application Planning Advice Is Not a Justiciable Decision: Millar v South Ayrshire Council [2025] CSOH 35

Pre‑Application Planning Advice Is Not a Justiciable Decision: Millar v South Ayrshire Council [2025] CSOH 35

Date: Apr 5, 2025
Pre‑Application Planning Advice Is Not a Justiciable Decision: Millar v South Ayrshire Council [2025] CSOH 35 Introduction This judgment from the Outer House of the Court of Session (Lord Richardson)...
Establishing New Benchmarks on Unfair Prejudice and Shareholder Exclusion in Joint Venture Companies

Establishing New Benchmarks on Unfair Prejudice and Shareholder Exclusion in Joint Venture Companies

Date: Apr 4, 2025
Establishing New Benchmarks on Unfair Prejudice and Shareholder Exclusion in Joint Venture Companies Introduction The Judgment issued by the Scottish Court of Session on 1 April 2025 in the case...
Judicial Clarification on the Fixed Provisional Date under the 2009 NHS (Pharmaceutical Services) Regulations

Judicial Clarification on the Fixed Provisional Date under the 2009 NHS (Pharmaceutical Services) Regulations

Date: Apr 2, 2025
Judicial Clarification on the Fixed Provisional Date under the 2009 NHS (Pharmaceutical Services) Regulations Introduction The case of Petition of Burns Pharmacy Ltd for Judicial Review ([2025] CSOH...
The Binding Effect of Contractual Limitations on Expert Valuations in Third‐Party Delict Claims

The Binding Effect of Contractual Limitations on Expert Valuations in Third‐Party Delict Claims

Date: Apr 2, 2025
The Binding Effect of Contractual Limitations on Expert Valuations in Third‐Party Delict Claims Introduction In the case of Mark Ellison Coulter against Anderson, Anderson & Brown LLP ([2025] CSOH...
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