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  • Commentaries

Scotland Case Commentaries

Establishing Vicarious Liability for Psychiatric Injury Requires Clear Evidence of Recognized Psychiatric Illness

Establishing Vicarious Liability for Psychiatric Injury Requires Clear Evidence of Recognized Psychiatric Illness

Date: Jul 22, 1999
Establishing Vicarious Liability for Psychiatric Injury Requires Clear Evidence of Recognized Psychiatric Illness Introduction Rorrison v. West Lothian College & Anor ([1999] ScotCS 177) is a...
Constructive Dismissal and Breach of Implied Trust: Insights from Macari v. Celtic Football & Athletic Co Ltd

Constructive Dismissal and Breach of Implied Trust: Insights from Macari v. Celtic Football & Athletic Co Ltd

Date: Jun 9, 1999
Constructive Dismissal and Breach of Implied Trust: Insights from Macari v. Celtic Football & Athletic Co Ltd Introduction The case of Macari v. Celtic Football & Athletic Co Ltd ([1999] ScotCS 138)...
Exclusion of Pure Economic Loss in Oil Pollution Compensation: Landcatch Ltd v. International Oil Pollution Compensation Fund [1999] ScotCS 116

Exclusion of Pure Economic Loss in Oil Pollution Compensation: Landcatch Ltd v. International Oil Pollution Compensation Fund [1999] ScotCS 116

Date: May 20, 1999
Exclusion of Pure Economic Loss in Oil Pollution Compensation Landcatch Ltd v. International Oil Pollution Compensation Fund [1999] ScotCS 116 1. Introduction Landcatch Ltd v. International Oil...
Unilateral Termination of Commercial Agency Agreements: Insights from Roy v. MR Pearlman Ltd [1999] ScotCS 71

Unilateral Termination of Commercial Agency Agreements: Insights from Roy v. MR Pearlman Ltd [1999] ScotCS 71

Date: Mar 11, 1999
Unilateral Termination of Commercial Agency Agreements: Insights from Roy v. MR Pearlman Ltd [1999] ScotCS 71 Introduction The case of Roy v. MR Pearlman Ltd ([1999] ScotCS 71) presents a pivotal...
Establishing Defamatory Innuendo: The Reasonable Person Test in McCann v. Scottish Media Newspapers Ltd [1999] ScotCS 52

Establishing Defamatory Innuendo: The Reasonable Person Test in McCann v. Scottish Media Newspapers Ltd [1999] ScotCS 52

Date: Feb 19, 1999
Establishing Defamatory Innuendo: The Reasonable Person Test in McCann v. Scottish Media Newspapers Ltd [1999] ScotCS 52 Introduction The case of McCann v. Scottish Media Newspapers Ltd ([1999]...
Ali v. Secretary of State for the Home Department: Upholding the Sokha Test in Immigration Bail Decisions

Ali v. Secretary of State for the Home Department: Upholding the Sokha Test in Immigration Bail Decisions

Date: Jan 27, 1999
Ali v. Secretary of State for the Home Department: Upholding the Sokha Test in Immigration Bail Decisions Introduction The case of Ali v. Secretary of State for the Home Department ([1999] ScotCS 32)...
Application of Manual Handling Operations Regulations 1992 in Occupational Injury Claims: King v. Carron Phoenix Ltd

Application of Manual Handling Operations Regulations 1992 in Occupational Injury Claims: King v. Carron Phoenix Ltd

Date: Jan 27, 1999
Application of Manual Handling Operations Regulations 1992 in Occupational Injury Claims: King v. Carron Phoenix Ltd Introduction King v. Carron Phoenix Ltd ([1999] ScotCS 34) is a pivotal case...
Employer's Duty to Provide Safe Equipment and Adequate Training: Insights from English v. North Lanarkshire Council

Employer's Duty to Provide Safe Equipment and Adequate Training: Insights from English v. North Lanarkshire Council

Date: Jan 23, 1999
Employer's Duty to Provide Safe Equipment and Adequate Training: Insights from English v. North Lanarkshire Council Introduction English v. North Lanarkshire Council ([1999] ScotCS 29) is a landmark...
Logan v. Strathclyde Fire Board: Establishing Employer Liability under MHOR

Logan v. Strathclyde Fire Board: Establishing Employer Liability under MHOR

Date: Jan 13, 1999
Logan v. Strathclyde Fire Board: Establishing Employer Liability under MHOR Introduction Logan v. Strathclyde Fire Board ([1999] ScotCS 11) is a landmark case adjudicated by the Scottish Court of...
Re Royal Bank of Scotland Plc v Holmes [1999]: Reinforcing Specificity in Fraud Allegations Against Corporate Entities in Scottish Law

Re Royal Bank of Scotland Plc v Holmes [1999]: Reinforcing Specificity in Fraud Allegations Against Corporate Entities in Scottish Law

Date: Jan 9, 1999
Re Royal Bank of Scotland Plc v Holmes [1999]: Reinforcing Specificity in Fraud Allegations Against Corporate Entities in Scottish Law Introduction The case of Royal Bank of Scotland Plc v Holmes...
Expanding Jurisdiction in Multi-Defendant Proceedings: Insights from Compagnie Commercial Andre SA v. Artibell Shipping Company Ltd (1999)

Expanding Jurisdiction in Multi-Defendant Proceedings: Insights from Compagnie Commercial Andre SA v. Artibell Shipping Company Ltd (1999)

Date: Jan 8, 1999
Expanding Jurisdiction in Multi-Defendant Proceedings: Insights from Compagnie Commercial Andre SA v. Artibell Shipping Company Ltd (1999) Introduction The case of Compagnie Commercial Andre SA v....
Acknowledgement of Obligations under the Prescription and Limitation (Scotland) Act 1973: Insights from Richardson v. Quercus Ltd [1998] ScotCS 112

Acknowledgement of Obligations under the Prescription and Limitation (Scotland) Act 1973: Insights from Richardson v. Quercus Ltd [1998] ScotCS 112

Date: Dec 25, 1998
Acknowledgement of Obligations under the Prescription and Limitation (Scotland) Act 1973: Insights from Richardson v. Quercus Ltd [1998] ScotCS 112 Introduction Richardson v. Quercus Ltd ([1998]...
Remittal for Further Hearing in Singh v. Secretary of State for the Home Department: Assessing Internal Flight Alternatives in Asylum Claims

Remittal for Further Hearing in Singh v. Secretary of State for the Home Department: Assessing Internal Flight Alternatives in Asylum Claims

Date: Dec 5, 1998
Remittal for Further Hearing in Singh v. Secretary of State for the Home Department: Assessing Internal Flight Alternatives in Asylum Claims Introduction The case of Singh v. Secretary of State for...
Comprehensive Commentary on Ward v. Scotrail Railways Ltd [1998] ScotCS 81

Comprehensive Commentary on Ward v. Scotrail Railways Ltd [1998] ScotCS 81

Date: Nov 28, 1998
Ward v. Scotrail Railways Ltd [1998] ScotCS 81: Establishing Precedents in Workplace Harassment Law Introduction The case of Ward v. Scotrail Railways Ltd ([1998] ScotCS 81) is a landmark decision...
Perth & Kinross Council v. Secretary of State for Scotland: Reaffirming the Primacy of Development Plans in Planning Decisions

Perth & Kinross Council v. Secretary of State for Scotland: Reaffirming the Primacy of Development Plans in Planning Decisions

Date: Nov 5, 1998
Perth & Kinross Council v. Secretary of State for Scotland: Reaffirming the Primacy of Development Plans in Planning Decisions Introduction Perth & Kinross Council v. Secretary of State for Scotland...
Commencement of Development under TCPSA 1972: East Dunbartonshire Council v. Secretary of State for Scotland [1998] ScotCS 46

Commencement of Development under TCPSA 1972: East Dunbartonshire Council v. Secretary of State for Scotland [1998] ScotCS 46

Date: Nov 4, 1998
Commencement of Development under TCPSA 1972: East Dunbartonshire Council v. Secretary of State for Scotland [1998] ScotCS 46 Introduction The case of East Dunbartonshire Council v. Secretary of...
Judicial Review of Planning Permissions: Insights from Freeport Leisure v. West Lothian Council

Judicial Review of Planning Permissions: Insights from Freeport Leisure v. West Lothian Council

Date: Nov 4, 1998
Judicial Review of Planning Permissions: Insights from Freeport Leisure v. West Lothian Council Introduction The case of Freeport Leisure plc v. West Lothian Council & Others ([1998] ScotCS 47)...
Osborne v. Matthan (No. 2): Primacy of Child Welfare in Custody Decisions

Osborne v. Matthan (No. 2): Primacy of Child Welfare in Custody Decisions

Date: May 13, 1998
Osborne v. Matthan (No. 2): Primacy of Child Welfare in Custody Decisions Introduction The case of Osborne v. Matthan (No. 2) ([1998] ScotCS CSIH_119) adjudicated by the Scottish Court of Session on...
Parens Patriae Jurisdiction in Medical Treatment Decisions: Comprehensive Commentary on Law Hospital NHS Trust v. Lord Advocate [1996]

Parens Patriae Jurisdiction in Medical Treatment Decisions: Comprehensive Commentary on Law Hospital NHS Trust v. Lord Advocate [1996]

Date: Mar 23, 1996
Parens Patriae Jurisdiction in Medical Treatment Decisions: Comprehensive Commentary on Law Hospital NHS Trust v. Lord Advocate [1996] Introduction The case of Law Hospital NHS Trust v. Lord Advocate...
Duty of Care in Employer-Employee Relationships: Insights from Robertson v. Forth Road Bridge Joint Board ([1995] ScotCS CSIH_1)

Duty of Care in Employer-Employee Relationships: Insights from Robertson v. Forth Road Bridge Joint Board ([1995] ScotCS CSIH_1)

Date: Mar 3, 1995
Duty of Care in Employer-Employee Relationships: Insights from Robertson v. Forth Road Bridge Joint Board ([1995] ScotCS CSIH_1) Introduction Robertson v. Forth Road Bridge Joint Board ([1995] ScotCS...
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