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  • Commentaries

Scotland Case Commentaries

Establishing Burden of Proof in Road Maintenance Negligence: Commentary on Morton v West Lothian Council

Establishing Burden of Proof in Road Maintenance Negligence: Commentary on Morton v West Lothian Council

Date: Feb 21, 2008
Establishing Burden of Proof in Road Maintenance Negligence: Commentary on Morton v West Lothian Council ([2008] ScotCS CSIH_18) Introduction The case of Morton v West Lothian Council ([2008] ScotCS...
Clarifying Exemptions under FOISA: Dumfries & Galloway Council v. Dunion Judgment Commentary

Clarifying Exemptions under FOISA: Dumfries & Galloway Council v. Dunion Judgment Commentary

Date: Feb 9, 2008
Clarifying Exemptions under FOISA: Dumfries & Galloway Council v. Dunion Judgment Commentary Introduction The case of Dumfries & Galloway Council v. Dunion ([2008] ScotCS CSIH_12) represents a...
Establishing Solatium for Whiplash Injuries in Minor Collisions: Spencer v. Baron ([2008] ScotSC 3)

Establishing Solatium for Whiplash Injuries in Minor Collisions: Spencer v. Baron ([2008] ScotSC 3)

Date: Feb 5, 2008
Establishing Solatium for Whiplash Injuries in Minor Collisions: Spencer v. Baron ([2008] ScotSC 3) Introduction The case of Spencer v. Baron ([2008] ScotSC 3) addresses the nuanced issue of...
Ashton v. Skews: Enhanced Guidelines for Solatium in Soft Tissue Injury Cases

Ashton v. Skews: Enhanced Guidelines for Solatium in Soft Tissue Injury Cases

Date: Jan 20, 2008
Ashton v. Skews: Enhanced Guidelines for Solatium in Soft Tissue Injury Cases Introduction The case of Ashton v. Skews ([2009] ScotSC 3) addresses the assessment of solatium, or general damages,...
Credential Bath Street Ltd v. Venture Investment Placement Ltd: Expiry of Guarantee and Obligation Under Clause 3.4

Credential Bath Street Ltd v. Venture Investment Placement Ltd: Expiry of Guarantee and Obligation Under Clause 3.4

Date: Jan 1, 2008
Credential Bath Street Ltd v. Venture Investment Placement Ltd: Expiry of Guarantee and Obligation Under Clause 3.4 Introduction The case of Credential Bath Street Ltd v. Venture Investment Placement...
Enforcement of Lease Obligations and Prescription Periods in Scottish Law: Clydeport Properties Ltd v. Shell UK Ltd

Enforcement of Lease Obligations and Prescription Periods in Scottish Law: Clydeport Properties Ltd v. Shell UK Ltd

Date: Jun 1, 2007
Enforcement of Lease Obligations and Prescription Periods in Scottish Law: Clydeport Properties Ltd v. Shell UK Ltd Introduction The case of Clydeport Properties Ltd v. Shell UK Ltd ([2007] ScotCS...
Edgar Road Property Company LLP v Moray Council: Judicial Review and the Doctrine of Mora, Taciturnity, and Acquiescence in Planning Law

Edgar Road Property Company LLP v Moray Council: Judicial Review and the Doctrine of Mora, Taciturnity, and Acquiescence in Planning Law

Date: May 30, 2007
Edgar Road Property Company LLP v Moray Council: Judicial Review and the Doctrine of Mora, Taciturnity, and Acquiescence in Planning Law Introduction The case of Edgar Road Property Company LLP v...
Limitation Periods and Amendment Constraints in Reclaiming Motions: The Gray Aitken Partnership Ltd & Ors v. Link Housing Association Ltd & Ors [2007] ScotCS CSIH_4

Limitation Periods and Amendment Constraints in Reclaiming Motions: The Gray Aitken Partnership Ltd & Ors v. Link Housing Association Ltd & Ors [2007] ScotCS CSIH_4

Date: Jan 11, 2007
Limitation Periods and Amendment Constraints in Reclaiming Motions: The Gray Aitken Partnership Ltd & Ors v. Link Housing Association Ltd & Ors [2007] ScotCS CSIH_4 Introduction The case of The Gray...
Civil Recovery of Unlawful Proceeds Under the Proceeds of Crime Act 2002: An Analysis of Scottish Ministers v. Doig & Ors

Civil Recovery of Unlawful Proceeds Under the Proceeds of Crime Act 2002: An Analysis of Scottish Ministers v. Doig & Ors

Date: Nov 24, 2006
Civil Recovery of Unlawful Proceeds Under the Proceeds of Crime Act 2002: An Analysis of Scottish Ministers v. Doig & Ors Introduction The case of Scottish Ministers v. Doig & Ors ([2006] ScotCS...
Balancing Renewable Energy Development and Landscape Impact: Insights from Moray Council v. The Scottish Ministers & Anor [2006]

Balancing Renewable Energy Development and Landscape Impact: Insights from Moray Council v. The Scottish Ministers & Anor [2006]

Date: Jul 15, 2006
Balancing Renewable Energy Development and Landscape Impact: Insights from Moray Council v. The Scottish Ministers & Anor [2006] Introduction Moray Council v. The Scottish Ministers & Anor ([2006]...
Monarch Energy Ltd v. Powergen Retail Limited: Security Requirements under Section 726(2) of the Companies Act 1985

Monarch Energy Ltd v. Powergen Retail Limited: Security Requirements under Section 726(2) of the Companies Act 1985

Date: Jul 7, 2006
Monarch Energy Ltd v. Powergen Retail Limited: Security Requirements under Section 726(2) of the Companies Act 1985 Introduction The case of Monarch Energy Ltd v. Powergen Retail Limited ([2006]...
Standards for Adjudicator's Reasoning in Asylum Cases: Esen v. Secretary of State [2006]

Standards for Adjudicator's Reasoning in Asylum Cases: Esen v. Secretary of State [2006]

Date: May 6, 2006
Standards for Adjudicator's Reasoning in Asylum Cases: Esen v. Secretary of State [2006] Introduction Esen v. Secretary of State for the Home Department ([2006] ScotCS CSIH_23) is a pivotal case...
Duty to Consider Listed Building Settings under Section 59(1): Simson v. Aberdeenshire Council

Duty to Consider Listed Building Settings under Section 59(1): Simson v. Aberdeenshire Council

Date: Mar 25, 2006
Duty to Consider Listed Building Settings under Section 59(1): Simson v. Aberdeenshire Council Introduction The case Simson v. Aberdeenshire Council & Ors ([2006] ScotCS CSOH_49) revolves around a...
Ashmore v. Rock Steady Security Ltd: Vicarious Liability and Self-Defence in Security Operations

Ashmore v. Rock Steady Security Ltd: Vicarious Liability and Self-Defence in Security Operations

Date: Feb 22, 2006
Ashmore v. Rock Steady Security Ltd: Vicarious Liability and Self-Defence in Security Operations Introduction The case Ashmore v. Rock Steady Security Ltd ([2006] ScotCS CSOH_30) presents a...
Standard of Care in Medical Negligence: Insights from Honisz v. Lothian Health Board

Standard of Care in Medical Negligence: Insights from Honisz v. Lothian Health Board

Date: Feb 11, 2006
Standard of Care in Medical Negligence: Insights from Honisz v. Lothian Health Board Introduction Honisz v. Lothian Health Board & Ors ([2006] ScotCS CSOH_24) is a pivotal case adjudicated by the...
Withholding Jury Trials in Complex Personal Injury Claims: Insights from Easdon v. A Clarke & Company (Smithwick) Ltd [2006]

Withholding Jury Trials in Complex Personal Injury Claims: Insights from Easdon v. A Clarke & Company (Smithwick) Ltd [2006]

Date: Jan 26, 2006
Withholding Jury Trials in Complex Personal Injury Claims: Insights from Easdon v. A Clarke & Company (Smithwick) Ltd [2006] Introduction The case of Easdon v. A Clarke & Company (Smithwick) Ltd...
Abuse of Rights Doctrine in VAT Recovery: Insights from Revenue And Customs v. RBS Deutschland Holdings GmbH [2006] ScotCS CSIH_10

Abuse of Rights Doctrine in VAT Recovery: Insights from Revenue And Customs v. RBS Deutschland Holdings GmbH [2006] ScotCS CSIH_10

Date: Jan 14, 2006
Abuse of Rights Doctrine in VAT Recovery: Insights from Revenue And Customs v. RBS Deutschland Holdings GmbH [2006] ScotCS CSIH_10 Introduction The case of Revenue And Customs v. RBS Deutschland...
Breaches of Natural Justice in Adjudication: Insights from Ardmore Construction Ltd v. Taylor Woodrow Construction Ltd [2006] ScotCS CSOH_3

Breaches of Natural Justice in Adjudication: Insights from Ardmore Construction Ltd v. Taylor Woodrow Construction Ltd [2006] ScotCS CSOH_3

Date: Jan 13, 2006
Breaches of Natural Justice in Adjudication: Insights from Ardmore Construction Ltd v. Taylor Woodrow Construction Ltd [2006] ScotCS CSOH_3 Introduction The case of Ardmore Construction Ltd v. Taylor...
Mitchell v. Glasgow City Council: Affirmation of Limitations on Landlord's Duty of Care in Tenant-Related Assaults

Mitchell v. Glasgow City Council: Affirmation of Limitations on Landlord's Duty of Care in Tenant-Related Assaults

Date: Jul 1, 2005
Mitchell v. Glasgow City Council: Affirmation of Limitations on Landlord's Duty of Care in Tenant-Related Assaults Introduction The case of Mitchell v. Glasgow City Council ([2005] ScotCS CSOH_84)...
Wright v. The Scottish Ministers [2005]: Balancing Extradition and Human Rights under Article 8 ECHR

Wright v. The Scottish Ministers [2005]: Balancing Extradition and Human Rights under Article 8 ECHR

Date: May 28, 2005
Wright v. The Scottish Ministers [2005]: Balancing Extradition and Human Rights under Article 8 ECHR Introduction Wright v. The Scottish Ministers [2005] ScotCS CSIH_40 is a landmark case adjudicated...
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