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  • Commentaries

Scotland Case Commentaries

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...
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...
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