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  • Commentaries

Scotland Case Commentaries

Enforcing Positive Obligations via Interim Interdicts: Insights from Church Commissioners v. Abbey National (1994)

Enforcing Positive Obligations via Interim Interdicts: Insights from Church Commissioners v. Abbey National (1994)

Date: Jul 16, 1994
Enforcing Positive Obligations via Interim Interdicts: Insights from Church Commissioners v. Abbey National (1994) Introduction Church Commissioners for England v. Abbey National ([1994] ScotCS...
Interpretation of "Obligation Relating to Land" under the Prescription and Limitation (Scotland) Act 1973: Insights from Barratt Scotland Ltd v Keith

Interpretation of "Obligation Relating to Land" under the Prescription and Limitation (Scotland) Act 1973: Insights from Barratt Scotland Ltd v Keith

Date: Dec 11, 1992
Interpretation of "Obligation Relating to Land" under the Prescription and Limitation (Scotland) Act 1973: Insights from Barratt Scotland Ltd v Keith Introduction Barratt Scotland Ltd v. Keith...
Kyle v. P & J Stormonth Darling: Establishing Liability for Loss of Legal Opportunity

Kyle v. P & J Stormonth Darling: Establishing Liability for Loss of Legal Opportunity

Date: Aug 20, 1992
Kyle v. P & J Stormonth Darling: Establishing Liability for Loss of Legal Opportunity Introduction Kyle v. P & J Stormonth Darling ([1992] ScotCS CSIH_6) is a seminal case adjudicated by the Scottish...
Overruling Kaye v. Hunter: Competency of Appeals in Revocation of Firearm and Shotgun Certificates

Overruling Kaye v. Hunter: Competency of Appeals in Revocation of Firearm and Shotgun Certificates

Date: Aug 3, 1991
Overruling Kaye v. Hunter: Competency of Appeals in Revocation of Firearm and Shotgun Certificates Introduction In Rodenhurst v. Chief Constable of Grampian ([1991] ScotCS CSIH_5), the Scottish Court...
Crown Estate Commissioners v. Fairlie Yacht Slip Ltd: Precedent on Crown's Sea-bed Rights and Public Navigation

Crown Estate Commissioners v. Fairlie Yacht Slip Ltd: Precedent on Crown's Sea-bed Rights and Public Navigation

Date: Nov 11, 1978
Crown Estate Commissioners v. Fairlie Yacht Slip Ltd: Precedent on Crown's Sea-bed Rights and Public Navigation Introduction Crown Estate Commissioners v. Fairlie Yacht Slip Ltd ([1978] ScotCS...
Gibson v. Hunter Home Designs Ltd: Establishing the Non-Vesting of Property Rights Prior to Disposition Delivery in Winding Up Proceedings

Gibson v. Hunter Home Designs Ltd: Establishing the Non-Vesting of Property Rights Prior to Disposition Delivery in Winding Up Proceedings

Date: Nov 8, 1975
Gibson v. Hunter Home Designs Ltd: Establishing the Non-Vesting of Property Rights Prior to Disposition Delivery in Winding Up Proceedings Introduction Gibson v. Hunter Home Designs Ltd ([1975]...
Reinterpretation of "Industrial Building" under Section 271(1)(c) Income Tax Act 1952: Kilmarnock Equitable Co-operative Society v. Inland Revenue [1966]

Reinterpretation of "Industrial Building" under Section 271(1)(c) Income Tax Act 1952: Kilmarnock Equitable Co-operative Society v. Inland Revenue [1966]

Date: Feb 17, 1966
Kilmarnock Equitable Co-operative Society, Ltd. v. Inland Revenue ([1966] ScotCS TC_42_675) 1. Introduction The case of Kilmarnock Equitable Co-operative Society, Ltd. v. Inland Revenue ([1966]...
Establishing Binding Commercial Agreements in the Absence of Fixed Prices: Insights from R & J Dempster Ltd v. Motherwell Bridge and Engineering Co Ltd (1964)

Establishing Binding Commercial Agreements in the Absence of Fixed Prices: Insights from R & J Dempster Ltd v. Motherwell Bridge and Engineering Co Ltd (1964)

Date: Jul 4, 1964
Establishing Binding Commercial Agreements in the Absence of Fixed Prices: Insights from R & J Dempster Ltd v. Motherwell Bridge and Engineering Co Ltd (1964) Introduction The case of R & J Dempster...
Definition of Charitable Purposes in Tax Law: IRC v. Glasgow Police Athletic Association [1951]

Definition of Charitable Purposes in Tax Law: IRC v. Glasgow Police Athletic Association [1951]

Date: Dec 13, 1951
Definition of Charitable Purposes in Tax Law: IRC v. Glasgow Police Athletic Association [1951] Introduction The case of IRC v. Glasgow Police Athletic Association ([1951] ScotCS CSIH_4) presents a...
Enforceability of Covenant Schemes and Third-Party Inducement in Motor Trade: Insights from British Motor Trade Association v. Gray (1951)

Enforceability of Covenant Schemes and Third-Party Inducement in Motor Trade: Insights from British Motor Trade Association v. Gray (1951)

Date: Mar 17, 1951
Enforceability of Covenant Schemes and Third-Party Inducement in Motor Trade: Insights from British Motor Trade Association v. Gray (1951) Introduction The landmark case British Motor Trade...
Expanding Marital Nullity: Empowering Impotent Spouses in Scottish Law

Expanding Marital Nullity: Empowering Impotent Spouses in Scottish Law

Date: Feb 24, 1945
Expanding Marital Nullity: Empowering Impotent Spouses in Scottish Law Introduction The landmark case F v. F ([1945] ScotCS CSIH_1) represents a pivotal moment in Scottish matrimonial law. Prior to...
Reavis v. Clan Line Steamers (1925): Defining Employer's Liability for Loss of Services in Scottish Law

Reavis v. Clan Line Steamers (1925): Defining Employer's Liability for Loss of Services in Scottish Law

Date: Jun 18, 1925
Reavis v. Clan Line Steamers (1925): Defining Employer's Liability for Loss of Services in Scottish Law Introduction The case of Reavis v. Clan Line Steamers (No.1) ([1925] ScotCS CSIH_5) adjudicated...
Reaffirming the Primacy of Public Law in Enforcement of Interdicts: Johnson v. Grant and Others

Reaffirming the Primacy of Public Law in Enforcement of Interdicts: Johnson v. Grant and Others

Date: Jun 6, 1923
Reaffirming the Primacy of Public Law in Enforcement of Interdicts: Johnson v. Grant and Others Introduction Johnson v. Grant and Others ([1923] SLR 508) is a pivotal case adjudicated by the Scottish...
Serious and Wilful Misconduct in Workmen's Compensation: The M'Kenna v. Niddrie and Benhar Coal Co. Ltd Precedent

Serious and Wilful Misconduct in Workmen's Compensation: The M'Kenna v. Niddrie and Benhar Coal Co. Ltd Precedent

Date: Oct 16, 1915
Serious and Wilful Misconduct in Workmen's Compensation: The M'Kenna v. Niddrie and Benhar Coal Co. Ltd Precedent Introduction M'Kenna v. Niddrie and Benhar Coal Co. Ltd ([1915] SLR 1) is a seminal...
Damages for Late Delivery as a Defence in Contractual Price Claims: British Motor Body Co., Ltd v. Thomas Shaw (Dundee), Ltd

Damages for Late Delivery as a Defence in Contractual Price Claims: British Motor Body Co., Ltd v. Thomas Shaw (Dundee), Ltd

Date: Jul 11, 1914
Damages for Late Delivery as a Defence in Contractual Price Claims: British Motor Body Co., Ltd v. Thomas Shaw (Dundee), Ltd Introduction The case of British Motor Body Co., Ltd v. Thomas Shaw...
R v. S [1913] SLR 161: Limiting the Use of Veritasveritas as a Defense Following an Apology

R v. S [1913] SLR 161: Limiting the Use of Veritasveritas as a Defense Following an Apology

Date: Dec 19, 1913
R v. S [1913] SLR 161: Limiting the Use of Veritasveritas as a Defense Following an Apology Introduction The case R v. S ([1913] SLR 161) was adjudicated by the Scottish Court of Session on December...
Unsubscribed Holographic Wills Invalidated: Grant v Thom [1913]

Unsubscribed Holographic Wills Invalidated: Grant v Thom [1913]

Date: Nov 22, 1913
Unsubscribed Holographic Wills Invalidated: Grant v Thom [1913] Introduction The case of Grant and Another (Taylor's Executrices) v. Thom and Others ([1913] SLR 55) was adjudicated by the Scottish...
Possession and Control Determine Liability in Premises Defect Cases: Kennedy v. Shotts Iron Co., Ltd, and Others (1913)

Possession and Control Determine Liability in Premises Defect Cases: Kennedy v. Shotts Iron Co., Ltd, and Others (1913)

Date: Jul 18, 1913
Possession and Control Determine Liability in Premises Defect Cases: Kennedy v. Shotts Iron Co., Ltd, and Others (1913) Introduction The case of Kennedy v. Shotts Iron Co., Ltd, and Others ([1913]...
Duty of Care in Public Spaces: Mackenzie v. Fairfield Shipbuilding and Engineering Co., Ltd. (1912)

Duty of Care in Public Spaces: Mackenzie v. Fairfield Shipbuilding and Engineering Co., Ltd. (1912)

Date: Nov 27, 1912
Duty of Care in Public Spaces: Mackenzie v. Fairfield Shipbuilding and Engineering Co., Ltd. (1912) Introduction In the early 20th century, industrial activities near public areas often led to...
Defining Privilege in Private Malicious Prosecution: The Chalmers v. Barclay, Perkins, & Co. Precedent

Defining Privilege in Private Malicious Prosecution: The Chalmers v. Barclay, Perkins, & Co. Precedent

Date: Feb 9, 1912
Defining Privilege in Private Malicious Prosecution: The Chalmers v. Barclay, Perkins, & Co. Precedent Introduction Chalmers v. Barclay, Perkins, & Co., Ltd ([1912] SLR 465) is a landmark case...
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