Scotland Case Commentaries

Reaffirming Liquidator's Discretion in Asset Disposal: Analysis of Sweeney v Urquhart [2020] CSIH 65

Date: Oct 21, 2020

Reaffirming Liquidator's Discretion in Asset Disposal: Analysis of Sweeney v Urquhart [2020] CSIH 65 Introduction The case of Sweeney and Donalda Sweeney v Urquhart ([2020] CSIH 65) adjudicated by...

Enhancing Prisoners' ECHR Rights Through the Public Sector Equality Duty: Analysis of S v Scottish Ministers [2020] ScotCS CSIH_64

Date: Oct 17, 2020

Enhancing Prisoners' ECHR Rights Through the Public Sector Equality Duty: Analysis of S v Scottish Ministers [2020] ScotCS CSIH_64 Introduction In the landmark case S v Scottish Ministers [2020]...

Application of the Moorov Doctrine in Sexual Offence Cases with Extended Time Gaps

Date: Oct 15, 2020

Application of the Moorov Doctrine in Sexual Offence Cases with Extended Time Gaps Introduction The case of GH v Her Majesty's Advocate ([2020] ScotHC HCJAC_44) presents a significant examination of...

Incrimination of a Third Party in Sexual Offence Charges: Insights from [2020] HCJAC 45

Date: Oct 15, 2020

Incrimination of a Third Party in Sexual Offence Charges: Insights from [2020] HCJAC 45 Introduction The case of JL v Her Majesty's Advocate ([2020] HCJAC 45) represents a significant appellate...

Affirming the Inadmissibility of Collateral Sexual Conduct Evidence in Consent Determinations: CH v HM Advocate ([2020] HCJAC 43)

Date: Oct 14, 2020

Affirming the Inadmissibility of Collateral Sexual Conduct Evidence in Consent Determinations Introduction The case of CH v Her Majesty's Advocate ([2020] HCJAC 43) before the Scottish High Court of...

Application of Article 13(b) in Child Abduction Cases: Analysis of M v C [2020] ScotCS CSIH_63

Date: Oct 7, 2020

Application of Article 13(b) in Child Abduction Cases: Analysis of M v C [2020] ScotCS CSIH_63 Introduction The case of M against C ([2020] ScotCS CSIH_63) adjudicated by the Scottish Court of...

Scottish Court of Session Declines Greenpeace's Judicial Review on Environmental Consent for Vorlich Field Development

Date: Oct 2, 2020

Scottish Court of Session Declines Greenpeace's Judicial Review on Environmental Consent for Vorlich Field Development Introduction In the landmark case Greenpeace Ltd v. Secretary of State for...

Enforcement of Mutual Trust and Cooperation in NEC3 Subcontracts: Van Oord vs Dragados Decision

Date: Oct 1, 2020

Enforcement of Mutual Trust and Cooperation in NEC3 Subcontracts: Van Oord vs Dragados Decision Introduction The case of Van Oord UK Limited against Dragados UK Limited, adjudicated on September 30,...

Posthumous Consent for IVF Treatment: SB v University of Aberdeen and Others [2020] CSIH 62

Date: Sep 26, 2020

Posthumous Consent for IVF Treatment: SB v University of Aberdeen and Others [2020] CSIH 62 Introduction The case of SB v University of Aberdeen and Others [2020] CSIH 62 addresses the intricate...

Mutual Corroboration of Hearsay Evidence in Ensuring Fair Trial Rights: Commentary on [2020] HCJAC 42

Date: Sep 25, 2020

Mutual Corroboration of Hearsay Evidence in Ensuring Fair Trial Rights: Commentary on [2020] HCJAC 42 Introduction The case of AS v Her Majesty's Advocate ([2020] HCJAC 42) adjudicated by the...

Interpretation of Surrender Premiums in Development Leases: 3639 LTD v Renfrewshire Council [2020]

Date: Sep 24, 2020

Interpretation of Surrender Premiums in Development Leases: 3639 LTD v Renfrewshire Council [2020] Introduction The case of 3639 Ltd against Renfrewshire Council ([2020] ScotCS CSOH_86) revolves...

Judicial Misconduct and the Doctrine of Mutual Corroboration: Insights from Ahmed v. Her Majesty's Advocate

Date: Sep 19, 2020

Judicial Misconduct and the Doctrine of Mutual Corroboration: Insights from Ahmed v. Her Majesty's Advocate Introduction The case of Adnan Munir Ahmed v. Her Majesty's Advocate ([2020] ScotHC...

Enhancing Sentencing Aggravations in Domestic Homicide: Insights from Rizzo v Her Majesty's Advocate [2020] HCJAC 40

Date: Sep 19, 2020

Enhancing Sentencing Aggravations in Domestic Homicide: Insights from Rizzo v Her Majesty's Advocate [2020] HCJAC 40 Introduction The case of Keith Rizzo versus Her Majesty's Advocate ([2020] HCJAC...

Misapplication of Jury Directions in Self-Defense: Thomson v Her Majesty's Advocate

Date: Sep 18, 2020

Misapplication of Jury Directions in Self-Defense: Thomson v Her Majesty's Advocate Introduction In the landmark case of Thomson v Her Majesty's Advocate ([2020] ScotHC HCJAC_49), the Scottish High...

Balancing Privacy and Public Confidence: Scottish Court's Landmark Decision on Police Misconduct Proceedings

Date: Sep 17, 2020

Balancing Privacy and Public Confidence: Scottish Court's Landmark Decision on Police Misconduct Proceedings Introduction The case of BC and Others against Iain Livingstone QPM, Chief Constable of...

Judicial Review on Refusal of Leave to Appeal: Emphasis on Expert Evidence Weighting

Date: Sep 16, 2020

Judicial Review on Refusal of Leave to Appeal: Emphasis on Expert Evidence Weighting Introduction The case of MDRIK VALABAIGI (AP) against the Secretary of State for the Home Department ([2020]...

Interpretation of Possession and Knowledge in Indecent Image Offences: Insights from [2020] ScotHC HCJAC_38

Date: Sep 16, 2020

Interpretation of Possession and Knowledge in Indecent Image Offences: Insights from [2020] ScotHC HCJAC_38 Introduction The case of Fevos Georgiou versus Her Majesty's Advocate ([2020] ScotHC...

Affirming the Certification of Article 3 Claims as Clearly Unfounded: Fathabadi v Advocate General for Scotland [2020] CSOH 83

Date: Sep 10, 2020

Affirming the Certification of Article 3 Claims as Clearly Unfounded: Fathabadi v Advocate General for Scotland [2020] CSOH 83 Introduction The case of Fathabadi v Advocate General for Scotland...

Reaffirming Time Bar Limitations in VAT Assessments: Insights from DCM Optical Holdings Ltd v HMRC [2020]

Date: Sep 9, 2020

Reaffirming Time Bar Limitations in VAT Assessments: Insights from DCM Optical Holdings Ltd v HMRC [2020] Introduction The case of DCM (Optical Holdings) Limited versus The Commissioners for Her...

Reclaiming Motion Against John Gunn and Sons Ltd: A Landmark Decision on State Aid Recovery

Date: Sep 5, 2020

Reclaiming Motion Against John Gunn and Sons Ltd: A Landmark Decision on State Aid Recovery Introduction The case of Reclaiming Motion in the Advocate General against John Gunn and Sons Ltd ([2020]...