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  • Commentaries

Scotland Case Commentaries

Credibility Assessment in Asylum Claims: The Koca v. Secretary of State for the Home Department Decision

Credibility Assessment in Asylum Claims: The Koca v. Secretary of State for the Home Department Decision

Date: Nov 23, 2002
Credibility Assessment in Asylum Claims: The Koca v. Secretary of State for the Home Department Decision Introduction The case of Koca v. Secretary of State for the Home Department ([2002] ScotCS...
Scottbridge Construction Ltd v. Wright: Clarifying "Time Work" Under the National Minimum Wage Regulations

Scottbridge Construction Ltd v. Wright: Clarifying "Time Work" Under the National Minimum Wage Regulations

Date: Oct 26, 2002
Scottbridge Construction Ltd v. Wright: Clarifying "Time Work" Under the National Minimum Wage Regulations Introduction Scottbridge Construction Ltd v. Wright ([2002] SLT 1356) is a pivotal case...
Enforceability of Adjudicator's Awards in Construction Contracts: Insights from The Construction Centre Group Ltd v. The Highland Council

Enforceability of Adjudicator's Awards in Construction Contracts: Insights from The Construction Centre Group Ltd v. The Highland Council

Date: Aug 24, 2002
Enforceability of Adjudicator's Awards in Construction Contracts: Insights from The Construction Centre Group Ltd v. The Highland Council ([2002] BLR 476) Introduction The Construction Centre Group...
Adams & Ors (2002) SCLR 881: Judicial Review of Legislative Competence and Human Rights in the Protection of Wild Mammals Act

Adams & Ors (2002) SCLR 881: Judicial Review of Legislative Competence and Human Rights in the Protection of Wild Mammals Act

Date: Aug 1, 2002
Adams & Ors (2002) SCLR 881: Judicial Review of Legislative Competence and Human Rights in the Protection of Wild Mammals Act Introduction The case of Adams & Ors [2002] ScotCS 344 pertains to a...
Enforcing Prompt Distribution of Contract Payments in Consortium Agreements: Va Tech Wabag UK Ltd v. Morgan Est Ltd [2002] ScotCS 160

Enforcing Prompt Distribution of Contract Payments in Consortium Agreements: Va Tech Wabag UK Ltd v. Morgan Est Ltd [2002] ScotCS 160

Date: Jun 7, 2002
Enforcing Prompt Distribution of Contract Payments in Consortium Agreements: Va Tech Wabag UK Ltd v. Morgan Est Ltd [2002] ScotCS 160 Introduction The case of Va Tech Wabag UK Ltd v. Morgan Est Ltd...
Significant Risk of Insolvency Justifies Inhibition on the Dependence: Trentham v Lawfield Investments

Significant Risk of Insolvency Justifies Inhibition on the Dependence: Trentham v Lawfield Investments

Date: May 4, 2002
Significant Risk of Insolvency Justifies Inhibition on the Dependence: Trentham v Lawfield Investments (2002 SCLR 704) Introduction Trentham v. Lawfield Investments is a pivotal case decided by the...
Delectus Personae and Contract Assignability: Insights from Karl Construction Ltd v. Palisade Properties Plc [2002] ScotCS 350

Delectus Personae and Contract Assignability: Insights from Karl Construction Ltd v. Palisade Properties Plc [2002] ScotCS 350

Date: Jan 15, 2002
Delectus Personae and Contract Assignability: Insights from Karl Construction Ltd v. Palisade Properties Plc [2002] ScotCS 350 Introduction Karl Construction Ltd v. Palisade Properties Plc ([2002]...
Judicial Implications of Fraudulent Evidence in Compensation Claims: Analysis of Shetland Sea Farms Ltd v Assuranceforeningen Skuld

Judicial Implications of Fraudulent Evidence in Compensation Claims: Analysis of Shetland Sea Farms Ltd v Assuranceforeningen Skuld

Date: Jul 5, 2001
Judicial Implications of Fraudulent Evidence in Compensation Claims: Analysis of Shetland Sea Farms Ltd v Assuranceforeningen Skuld Introduction The case of Shetland Sea Farms Ltd & Ors v....
Jurisdictional Boundaries in Adjudication: Insights from Barr Ltd v. Law Mining Ltd

Jurisdictional Boundaries in Adjudication: Insights from Barr Ltd v. Law Mining Ltd

Date: Jun 16, 2001
Jurisdictional Boundaries in Adjudication: Insights from Barr Ltd v. Law Mining Ltd Introduction The case of Barr Ltd v. Law Mining Ltd ([2001] ScotCS 152) adjudicated by the Scottish Court of...
Secretary of State for Defence v. MacDonald: Defining Gender in Anti-Discrimination Law

Secretary of State for Defence v. MacDonald: Defining Gender in Anti-Discrimination Law

Date: Jun 2, 2001
Secretary of State for Defence v. MacDonald: Defining Gender in Anti-Discrimination Law Introduction The case of Secretary of State for Defence v. MacDonald ([2001] ScotCS 140) represents a pivotal...
Conflict of Interest and Fiduciary Duty in Osborne & Hunter Ltd v. Messrs Hardie Caldwell & Ors

Conflict of Interest and Fiduciary Duty in Osborne & Hunter Ltd v. Messrs Hardie Caldwell & Ors

Date: Jan 24, 2001
Conflict of Interest and Fiduciary Duty in Osborne & Hunter Ltd v. Messrs Hardie Caldwell & Ors ([2001] ScotCS 17) Introduction The case of Osborne & Hunter Ltd v. Messrs Hardie Caldwell & Ors...
BBC Scotland v. Souster [2000]: Defining National Origins under the Race Relations Act

BBC Scotland v. Souster [2000]: Defining National Origins under the Race Relations Act

Date: Dec 8, 2000
BBC Scotland v. Souster [2000]: Defining National Origins under the Race Relations Act Introduction BBC Scotland v. Souster ([2000] ScotCS 308) is a pivotal case adjudicated by the Scottish Court of...
Clydebank FC Ltd v Steedman & Ors: Upholding Directors’ Duties in Corporate Asset Transfers

Clydebank FC Ltd v Steedman & Ors: Upholding Directors’ Duties in Corporate Asset Transfers

Date: Sep 30, 2000
Clydebank FC Ltd v Steedman & Ors: Upholding Directors’ Duties in Corporate Asset Transfers Introduction Clydebank Football Club Ltd v. Steedman & Ors ([2000] ScotCS 250) is a landmark case...
Fraser v. State Hospitals Board for Scotland: Employer Liability for Psychiatric Injury

Fraser v. State Hospitals Board for Scotland: Employer Liability for Psychiatric Injury

Date: Jul 12, 2000
Fraser v. State Hospitals Board for Scotland: Employer Liability for Psychiatric Injury Introduction Fraser v. State Hospitals Board for Scotland ([2000] ScotCS 191) is a pivotal case that examines...
Ensuring Evidential Support in Licensing Refusals: Risky Business Ltd v. City Of Glasgow Licensing Board

Ensuring Evidential Support in Licensing Refusals: Risky Business Ltd v. City Of Glasgow Licensing Board

Date: Jun 15, 2000
Ensuring Evidential Support in Licensing Refusals: Risky Business Ltd v. City Of Glasgow Licensing Board Introduction The case of Risky Business Ltd v. City Of Glasgow Licensing Board ([2000] ScotCS...
Enforcement of "Keep Open" Clauses: A New Precedent in Highland & Universal Properties Ltd v. Safeway Properties Ltd

Enforcement of "Keep Open" Clauses: A New Precedent in Highland & Universal Properties Ltd v. Safeway Properties Ltd

Date: Feb 2, 2000
Enforcement of "Keep Open" Clauses: A New Precedent in Highland & Universal Properties Ltd v. Safeway Properties Ltd Introduction The case of Highland & Universal Properties Ltd v. Safeway Properties...
Starrs v Ruxton: Ensuring Judicial Independence and Impartiality Under Article 6(1)

Starrs v Ruxton: Ensuring Judicial Independence and Impartiality Under Article 6(1)

Date: Nov 12, 1999
Starrs v Ruxton: Ensuring Judicial Independence and Impartiality Under Article 6(1) 1. Introduction The case of Starrs v. Ruxton ([1999] ScotHC HCJ_259) was heard by the Scottish High Court of...
Homer Burgess Ltd v. Chirex (Annan) Ltd: Defining "Plant" in Construction Contracts Adjudication

Homer Burgess Ltd v. Chirex (Annan) Ltd: Defining "Plant" in Construction Contracts Adjudication

Date: Nov 11, 1999
Homer Burgess Ltd v. Chirex (Annan) Ltd: Defining "Plant" in Construction Contracts Adjudication 1. Introduction The case of Homer Burgess Ltd v. Chirex (Annan) Ltd ([1999] ScotCS 264) was...
Establishing Ostensible Authority and Contract Formation under Scots Law: Ferguson Shipbuilders Ltd v. Voith Hydro GmbH

Establishing Ostensible Authority and Contract Formation under Scots Law: Ferguson Shipbuilders Ltd v. Voith Hydro GmbH

Date: Sep 24, 1999
Establishing Ostensible Authority and Contract Formation under Scots Law: Ferguson Shipbuilders Ltd v. Voith Hydro GmbH Introduction The case of Ferguson Shipbuilders Ltd v. Voith Hydro GmbH & Co &...
Morrison-Low v. Paterson & Anor (1999) ScotCS 220: Termination of Agricultural Tenancy and Trust Purposes

Morrison-Low v. Paterson & Anor (1999) ScotCS 220: Termination of Agricultural Tenancy and Trust Purposes

Date: Sep 17, 1999
Termination of Agricultural Tenancy and Trust Purposes: Morrison-Low v. Paterson & Anor ([1999] ScotCS 220) Introduction Morrison-Low v. Paterson & Anor is a landmark decision by the Scottish Court...
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