Scotland Case Commentaries

Comprehensive Analysis of ZL v Secretary of State for the Home Department [2020] CSOH 44

Date: May 15, 2020

Comprehensive Analysis of ZL v Secretary of State for the Home Department [2020] CSOH 44 Introduction The case of ZL Against the Secretary of State for the Home Department ([2020] CSOH 44)...

Implied Contract Terms and Termination: Insights from Patersons of Greenockhill Ltd v Glasgow City Council [2020] CSOH 43

Date: May 15, 2020

Implied Contract Terms and Termination: Insights from Patersons of Greenockhill Ltd v Glasgow City Council [2020] CSOH 43 Introduction The case of Patersons of Greenockhill Ltd v Glasgow City Council...

Establishing Higher Standards for Interim Interdicts in Defamation Cases: Insights from British Gas Trading Ltd v McPherson

Date: May 14, 2020

Establishing Higher Standards for Interim Interdicts in Defamation Cases: Insights from British Gas Trading Ltd v McPherson Introduction The case of British Gas Trading Limited and Centrica Plc v...

Hybrid Interpretation of Guarantees in Construction Contracts: Buchan Biogas Ltd v BSC Civil Engineering Ltd [2020]

Date: May 14, 2020

Hybrid Interpretation of Guarantees in Construction Contracts: Buchan BioGas Ltd v BSC Civil Engineering Ltd [2020] Introduction The case of Buchan BioGas Ltd v BSC Civil Engineering Ltd ([2020]...

Enhancing Disclosure Obligations in Sale and Purchase Agreements: The Ardmair Bay Holdings Ltd v James Douglas Craig Decision

Date: May 13, 2020

Enhancing Disclosure Obligations in Sale and Purchase Agreements: The Ardmair Bay Holdings Ltd v James Douglas Craig Decision Introduction The legal landscape governing Sale and Purchase Agreements...

Defining "Property Factor" Under the Property Factors (Scotland) Act 2011: A Landmark Decision in Proven Properties (Scotland) Ltd v. Upper Tribunal

Date: May 13, 2020

Defining "Property Factor" Under the Property Factors (Scotland) Act 2011: A Landmark Decision in Proven Properties (Scotland) Ltd v. Upper Tribunal Introduction The case of Proven Properties...

Enhancing Procedural Safeguards in Rural School Closure: An Analysis of Perth and Kinross Council v Scottish Ministers [2020] CSOH 41

Date: May 8, 2020

Enhancing Procedural Safeguards in Rural School Closure: An Analysis of Perth and Kinross Council v Scottish Ministers [2020] CSOH 41 Introduction The case of Perth and Kinross Council v Scottish...

McCulloch v Forth Valley Health Boards [2020] ScotCS CSOH_40: Application of the Bolitho Test in Medical Negligence

Date: May 8, 2020

McCulloch v Forth Valley Health Boards [2020] ScotCS CSOH_40: Application of the Bolitho Test in Medical Negligence Introduction The case of Jennifer McCulloch and Others against Forth Valley Health...

Threshold for Leave to Appeal Against Scottish Legal Complaints Commission Decisions: Lilburn v SLCC [2020]

Date: May 2, 2020

Threshold for Leave to Appeal Against Scottish Legal Complaints Commission Decisions: Lilburn v SLCC [2020] Introduction The case of David Lilburn against the Scottish Legal Complaints Commission...

Bridges Antonine LLP v North Lanarkshire Council [2020]: Reinforcing Proper Impact Assessment under Strategic Development Plans

Date: May 2, 2020

Bridges Antonine LLP v North Lanarkshire Council [2020]: Reinforcing Proper Impact Assessment under Strategic Development Plans Introduction The case of Bridges Antonine LLP v North Lanarkshire...

Clarifying the Threshold for Investigation Eligibility: Commentary on Andrew Smith QC v Scottish Legal Complaints Commission [2020] ScotCS CSIH_19

Date: Apr 30, 2020

Clarifying the Threshold for Investigation Eligibility: Commentary on Andrew Smith QC v Scottish Legal Complaints Commission [2020] ScotCS CSIH_19 Introduction The case Andrew Smith QC v Scottish...

Expanding the Horizon of Schemes of Arrangement: In-Depth Analysis of the Scottish Court of Session's Decision in Premier Oil PLC & Premier Oil UK Ltd

Date: Apr 30, 2020

Expanding the Horizon of Schemes of Arrangement: In-Depth Analysis of the Scottish Court of Session's Decision in Premier Oil PLC & Premier Oil UK Ltd Introduction The case of Premier Oil PLC ("PO")...

Limitation of Vicarious Liability for Psychiatric Harm in Police Service: Analysis of MRS K v Chief Constable of the Police Service of Scotland ([2020] CSIH 18)

Date: Apr 29, 2020

Limitation of Vicarious Liability for Psychiatric Harm in Police Service: Analysis of MRS K v Chief Constable of the Police Service of Scotland ([2020] CSIH 18) Introduction The case of MRS K v Chief...

Admissibility of Prior Sexual Relationships in Sexual Offence Cases: Insights from SJ v HM Advocate (2020)

Date: Apr 29, 2020

Admissibility of Prior Sexual Relationships in Sexual Offence Cases: Insights from SJ v HM Advocate (2020) Introduction The case of SJ v HM Advocate (2020) HCJAC 18 represents a significant...

Rigorous Enforcement of Planning Conditions: Analysis of Community Windpower Ltd v Scottish Ministers and East Ayrshire Council [2020] ScotCS CSIH_17

Date: Apr 25, 2020

Rigorous Enforcement of Planning Conditions: Analysis of Community Windpower Ltd v Scottish Ministers and East Ayrshire Council [2020] ScotCS CSIH_17 Introduction The case of Community Windpower...

Affirmation of Fixed Penalty Notice Procedures under Article 6 ECHR in Scottish Law

Date: Apr 23, 2020

Affirmation of Fixed Penalty Notice Procedures under Article 6 ECHR in Scottish Law Introduction The case of Jordan Queen v The Lord Advocate and Others ([2020] ScotCS CSIH_15) addresses the...

Golden Share Restrictions and Open Market Valuation in Council Tax Assessments

Date: Apr 23, 2020

Golden Share Restrictions and Open Market Valuation in Council Tax Assessments Introduction The case of Assessor for Lothian Valuation Joint Board v. Mark McLaughlin ([2020] ScotCS CSIH_16) addresses...

EnergiKontor UK Ltd v Advocate General for Scotland: Equitable Extension of Judicial Review Time Limits in Noise Budget Allocation for Wind Farms

Date: Apr 18, 2020

EnergiKontor UK Ltd v Advocate General for Scotland: Equitable Extension of Judicial Review Time Limits in Noise Budget Allocation for Wind Farms Introduction In the case of EnergiKontor UK Ltd v...

Affirmation of Expert Evidence Handling and Jury Instructions in Child Assault Cases: Analysis of Begu v. Her Majesty's Advocate

Date: Apr 17, 2020

Affirmation of Expert Evidence Handling and Jury Instructions in Child Assault Cases: Analysis of Begu v. Her Majesty's Advocate Introduction The case of Syeda Sokina Begu appeals against her...

Reaffirmation of Equal Sharing Principle in Matrimonial Asset Division with Cross-Border Complexities: ASA v AZD and Another [2020] CSOH 63

Date: Apr 16, 2020

Reaffirmation of Equal Sharing Principle in Matrimonial Asset Division with Cross-Border Complexities: ASA v AZD and Another [2020] CSOH 63 Introduction The case ASA v AZD and Another [2020] CSOH 63...