Scotland Case Commentaries

Judicial Deference to Executive Discretion in COVID-19 Restriction Decisions: Commentary on (FIRST) KLR & RCR INTERNATIONAL LTD v The Scottish Ministers [2020] CSOH 98

Date: Dec 12, 2020

Judicial Deference to Executive Discretion in COVID-19 Restriction Decisions: Commentary on (FIRST) KLR & RCR INTERNATIONAL LTD v The Scottish Ministers [2020] CSOH 98 Introduction The case of...

Defining Family Life under Article 8 ECHR in Immigration Cases: Analysis of Pieterse v Secretary of State for the Home Department [2020] ScotCS CSOH_97

Date: Dec 5, 2020

Defining Family Life under Article 8 ECHR in Immigration Cases: Analysis of Pieterse v Secretary of State for the Home Department [2020] ScotCS CSOH_97 Introduction The case of Ferdinand Petrus...

Comprehensive Commentary on Mark Conway v Her Majesty's Advocate [2020] HCJAC 48

Date: Nov 29, 2020

Assessing Sentence Appropriateness in Financial Fraud: The Mark Conway Case [2020] HCJAC 48 Introduction The case of Mark Conway v Her Majesty's Advocate ([2020] HCJAC 48) presents a significant...

Confirmation of Full Satisfaction Principle in Scottish Law: Kidd v Lime Rock Management LLP [2020]

Date: Nov 28, 2020

Confirmation of Full Satisfaction Principle in Scottish Law: Kidd v Lime Rock Management LLP [2020] Introduction Case: Robert Gordon Kidd against Lime Rock Management LLP and others ([2020] ScotCS...

Competency of Reclaiming Motions in Judicial Review: Insights from Booth and Philp v Highland Council

Date: Nov 26, 2020

Competency of Reclaiming Motions in Judicial Review: Insights from Booth and Philp v Highland Council Introduction The case of Booth and Philp v Highland Council ([2013] CSIH 70) presents a...

Procedural Fairness in Visit Visa Applications: Insights from GK v Secretary of State for the Home Department [2020] CSIH_69

Date: Nov 25, 2020

Procedural Fairness in Visit Visa Applications: Insights from GK v Secretary of State for the Home Department [2020] CSIH_69 Introduction The case of GK against the Secretary of State for the Home...

Reaffirming Procurement Principles: OLM Systems Ltd v Fife Council [2020]

Date: Nov 25, 2020

Reaffirming Procurement Principles: OLM Systems Ltd v Fife Council [2020] Introduction The case of OLM Systems Ltd against Fife Council ([2020] ScotCS CSOH_95) presented a critical examination of the...

Appropriation of Business Opportunities and Auditing of Judicial Expenses: Insights from CJC Media (Scotland) Ltd v Kenneth Sinclair [2020]

Date: Nov 21, 2020

Appropriation of Business Opportunities and Auditing of Judicial Expenses: Insights from CJC Media (Scotland) Ltd v Kenneth Sinclair [2020] Introduction The case of CJC Media (Scotland) Ltd against...

Public Interest Immunity and Fairness in Criminal Appeals: The Megrahi Case

Date: Nov 21, 2020

Public Interest Immunity and Fairness in Criminal Appeals: The Megrahi Case Introduction The case of Abdelbaset Ali Mohamed Megrahi, widely known for his conviction in the Lockerbie bombing, has been...

Unlawful Delay in Asylum Decisions: A Comprehensive Analysis of AS v Advocate General for Scotland [2020] CSOH 94

Date: Nov 20, 2020

Unlawful Delay in Asylum Decisions: A Comprehensive Analysis of AS v Advocate General for Scotland [2020] CSOH 94 Introduction The case of AS v Advocate General for Scotland ([2020] CSOH 94) serves...

Reaffirming the Duty of Disclosure and Upholding Public Confidence: X v General Dental Council

Date: Nov 18, 2020

Reaffirming the Duty of Disclosure and Upholding Public Confidence: X v General Dental Council Introduction The case of X v General Dental Council ([2020] ScotCS CSIH_71) presents a critical...

Affirmation of Defense Counsel Discretion in Upholding Fair Trial Standards: Grimason v HM Advocate [2020] HCJAC 53

Date: Nov 18, 2020

Affirmation of Defense Counsel Discretion in Upholding Fair Trial Standards: Grimason v HM Advocate [2020] HCJAC 53 Introduction The case of Colin Grimason against Her Majesty’s Advocate ([2020]...

Prescriptive Periods and EU Competition Law: Landmark Ruling in Glasgow City Council v VFS Financial Services

Date: Nov 12, 2020

Prescriptive Periods and EU Competition Law: Landmark Ruling in Glasgow City Council v VFS Financial Services Introduction The case of Glasgow City Council Against VFS Financial Services and Others...

Corroborative Familial Circumstances as Evidence in Rape Convictions: Analysis of [2020] HCJAC 50

Date: Nov 7, 2020

Corroborative Familial Circumstances as Evidence in Rape Convictions: Analysis of [2020] HCJAC 50 Introduction The case of APPEAL AGAINST CONVICTION BY LW AGAINST HER MAJESTY'S ADVOCATE ([2020] HCJAC...

Clarifying the Burden of Proof under Res Ipsa Loquitur: Insights from Woodhouse v Lochs and Glens (Transport) Ltd [2020] CSIH 67

Date: Oct 31, 2020

Clarifying the Burden of Proof under Res Ipsa Loquitur: Insights from Woodhouse v Lochs and Glens (Transport) Ltd [2020] CSIH 67 Introduction The case of Allen Woodhouse v Lochs and Glens (Transport)...

Corroborative Evidence in Sexual Offence Cases: Garland v HM Advocate [2020] ScotHC HCJAC_46

Date: Oct 31, 2020

Corroborative Evidence in Sexual Offence Cases: Garland v HM Advocate [2020] ScotHC HCJAC_46 Introduction The case of Alexander John Garland versus Her Majesty's Advocate [2020] ScotHC HCJAC_46 is a...

Discretionary Consideration of Interruptions in Continuous Lawful Residence: Awa v Secretary of State [2020] CSOH 91

Date: Oct 31, 2020

Discretionary Consideration of Interruptions in Continuous Lawful Residence: Awa v Secretary of State for the Home Department [2020] CSOH 91 Introduction Awa v Secretary of State for the Home...

Admissibility of Psychological Evidence on Memory in Sexual Abuse Cases: HMA v KB ([2022] ScotHC HCJ_4) Commentary

Date: Oct 31, 2020

Admissibility of Psychological Evidence on Memory in Sexual Abuse Cases: HMA v KB ([2022] ScotHC HCJ_4) Commentary Introduction The case of Her Majesty's Advocate (HMA) versus KB, adjudicated in the...

Equitable Reduction and Unjust Enrichment: Insights from Lindsay v Outlook Finance Ltd [2020] ScotCS CSOH_90

Date: Oct 29, 2020

Equitable Reduction and Unjust Enrichment: Insights from Lindsay v Outlook Finance Ltd [2020] ScotCS CSOH_90 Introduction The case of William Lindsay against Outlook Finance Ltd, adjudicated by the...

Implied Admission through Lack of Response: Campbell v HMA [2020] ScotHC HCJAC_47

Date: Oct 28, 2020

Implied Admission through Lack of Response: Campbell v HMA [2020] ScotHC HCJAC_47 Introduction The case of Gordon Campbell v Her Majesty's Advocate (HMA) [2020] ScotHC HCJAC_47, adjudicated by the...