Scotland Case Commentaries

Enforcement of Assignations and the Limitations on Defenses in Scottish Debt Repayment Actions

Date: May 30, 2020

Enforcement of Assignations and the Limitations on Defenses in Scottish Debt Repayment Actions Introduction The case of Promontoria (Chestnut) Limited against The Firm of Ballantyne Property Services...

MacBean v Scottish Water [2020]: Defining the Limits of Acceptable Odour Nuisance in Environmental Law

Date: May 30, 2020

MacBean v Scottish Water [2020]: Defining the Limits of Acceptable Odour Nuisance in Environmental Law Introduction The case of William MacBean against Scottish Water ([2020] ScotCS CSOH_55)...

Establishing Standards for Interim Defamation Orders in Online Publications: British Gas Trading Ltd v McPherson [2020] ScotCS CSOH_62

Date: May 30, 2020

Establishing Standards for Interim Defamation Orders in Online Publications: British Gas Trading Ltd v McPherson [2020] ScotCS CSOH_62 Introduction The case of British Gas Trading Ltd and Centrica...

BAM TCP Atlantic Square Ltd v British Telecommunications Plc: Establishing Common Property Rights in Land Ownership

Date: May 30, 2020

BAM TCP Atlantic Square Ltd v British Telecommunications Plc: Establishing Common Property Rights in Land Ownership Introduction The case of BAM TCP Atlantic Square Ltd against (First) British...

Reaffirmation of Informed Consent Standards under Montgomery in Clinical Negligence: McNab v Greater Glasgow Health Board [2020] CSOH 53

Date: May 29, 2020

Reaffirmation of Informed Consent Standards under Montgomery in Clinical Negligence: McNab v Greater Glasgow Health Board [2020] CSOH 53 Introduction The case of ALAN MCNAB AND OTHERS AGAINST GREATER...

Fair Division of Matrimonial Property Amidst Complex Business Valuations and Debt: Insights from SCA v MMA [2020] CSOH 54

Date: May 29, 2020

Fair Division of Matrimonial Property Amidst Complex Business Valuations and Debt: Insights from SCA v MMA [2020] CSOH 54 Introduction SCA, the wife, initiated divorce proceedings against her...

Judicial Review of Immigration Decision under Article 8 ECHR: BK v Secretary of State for the Home Department [2020] CSOH 52

Date: May 29, 2020

Judicial Review of Immigration Decision under Article 8 ECHR: BK v Secretary of State for the Home Department [2020] CSOH 52 Introduction The case of BK v Secretary of State for the Home Department...

Clarifying Arbitrator Awards: A Comprehensive Analysis of Bartos v Thomson [2020] CSOH 51

Date: May 29, 2020

Clarifying Arbitrator Awards: A Comprehensive Analysis of Bartos v Thomson [2020] CSOH 51 Introduction The case of Bartos v Thomson ([2020] CSOH 51) adjudicated by the Scottish Court of Session...

Stuart Campbell v Kezia Dugdale: Reinforcing Fair Comment Defence and Assessing Appropriate Solatium in Defamation

Date: May 28, 2020

Stuart Campbell v Kezia Dugdale: Reinforcing Fair Comment Defence and Assessing Appropriate Solatium in Defamation Introduction The case of Stuart Campbell against Kezia Dugdale ([2020] CSIH 27)...

Enforcing Natural Justice in Partnership Expulsions: Rennie v Rennie [2020] CSOH 49

Date: May 27, 2020

Enforcing Natural Justice in Partnership Expulsions: Rennie v Rennie [2020] CSOH 49 Introduction The case of Ian Graham Rennie against Mark Douglas St Clair Rennie ([2020] CSOH 49) adjudicated by the...

Ensuring Fair Trials in Sexual Offence Proceedings: Lessons from Macdonald v HM Advocate [2020]

Date: May 27, 2020

Ensuring Fair Trials in Sexual Offence Proceedings: Lessons from Macdonald v HM Advocate [2020] Introduction The case of Macdonald v HM Advocate [2020] ScotHC HCJAC_21 serves as a critical...

Grant Thornton UK LLP v McMahon [2020] CSOH_50: Defining the Scope of Tax Advisory Duties

Date: May 27, 2020

Grant Thornton UK LLP v McMahon [2020] CSOH_50: Defining the Scope of Tax Advisory Duties Introduction The case of Hugh McMahon against Grant Thornton UK LLP ([2020] ScotCS CSOH_50) was adjudicated...

Reaffirmation of Corroboration Standards and Admissibility of Docket Evidence in Sexual Offences Cases

Date: May 23, 2020

Reaffirmation of Corroboration Standards and Admissibility of Docket Evidence in Sexual Offences Cases Introduction The case of RKS against Her Majesty's Advocate ([2020] ScotHC HCJAC_19) adjudicated...

Amendments to Pleadings and Discretion in Reclaiming Motions: Insights from Cowan v Lanarkshire Housing Association Ltd [2020]

Date: May 22, 2020

Amendments to Pleadings and Discretion in Reclaiming Motions: Insights from Cowan v Lanarkshire Housing Association Ltd [2020] Introduction The case Cowan v Lanarkshire Housing Association Ltd...

Interpretation of Wage Drift Provisions in PFI Contracts: SERCO LTD v FORTH HEALTH LTD [2020] CSOH 48

Date: May 21, 2020

Interpretation of Wage Drift Provisions in PFI Contracts: SERCO LTD v FORTH HEALTH LTD [2020] CSOH 48 1. Introduction The case of Serco Ltd against Forth Health Ltd ([2020] ScotCS CSOH_48) before the...

Duty of Care in Environmental Consulting: Scottish Court of Session in ANGELA MCMANUS v Scott Wilson Scotland Ltd

Date: May 20, 2020

Duty of Care in Environmental Consulting: Scottish Court of Session in ANGELA MCMANUS v Scott Wilson Scotland Ltd Introduction The case of Angela McManus and Robert McManus v Scott Wilson Scotland...

Insurer’s Non-Waiver of Disclosure Rights in Absence of Explicit Waiver – [2020] CSIH25

Date: May 20, 2020

Insurer’s Non-Waiver of Disclosure Rights in Absence of Explicit Waiver – [2020] CSIH25 Introduction The case of Wayne Stephen Gardner Young vs. Royal and Sun Alliance Insurance plc ([2020] CSIH 25)...

Upholding the Reality Principle in Property Valuation Arbitrations: Insights from [2020] CSOH 46

Date: May 20, 2020

Upholding the Reality Principle in Property Valuation Arbitrations: Insights from [2020] CSOH 46 Introduction The case of Petition in Arbitration Appeal No.4 of 2019 ([2020] CSOH 46) presents a...

Procedural Fairness in Prisoner Progression: Analysis of Lee Brown's Judicial Review

Date: May 20, 2020

Procedural Fairness in Prisoner Progression: Analysis of Lee Brown's Judicial Review Introduction The case of Lee Brown challenges the decision-making process of the Scottish Ministers regarding the...

Restoration of Dissolved Companies under Companies Act 2006: A New Precedent from the Scottish Court of Session in Reclaiming Motion by MCR Oil Tools LLC

Date: May 16, 2020

Restoration of Dissolved Companies under Companies Act 2006: A New Precedent from the Scottish Court of Session in Reclaiming Motion by MCR Oil Tools LLC Introduction The case of Reclaiming Motion by...