Scotland Case Commentaries

Clarifying Section 42 Applications in Scottish Planning Law: Insights from City of Edinburgh Council v Scottish Ministers & Granton Developments

Date: Apr 10, 2020

Clarifying Section 42 Applications in Scottish Planning Law: Insights from City of Edinburgh Council v Scottish Ministers & Granton Developments Introduction The case of City of Edinburgh Council...

Establishing Rigorous Standards for Honesty in Medical Reporting: Insights from McLennan v General Medical Council

Date: Apr 10, 2020

Establishing Rigorous Standards for Honesty in Medical Reporting: Insights from McLennan v General Medical Council Introduction The case of McLennan against the General Medical Council ([2020] CSIH...

Reaffirming the Principle of Effectiveness: Landmark Decision on Historical VAT Recovery by NHS Lothian Health Board v HMRC [2020] CSIH 14

Date: Apr 10, 2020

Reaffirming the Principle of Effectiveness: Landmark Decision on Historical VAT Recovery by NHS Lothian Health Board v HMRC [2020] CSIH 14 Introduction The case of NHS Lothian Health Board against...

Mutual Corroboration and Sentencing in Sexual Offence Cases: Insights from [2020] HCJAC 14

Date: Apr 3, 2020

Mutual Corroboration and Sentencing in Sexual Offence Cases: Insights from [2020] HCJAC 14 Introduction The case PGT v Her Majesty's Advocate ([2020] HCJAC 14) adjudicated by the Scottish High Court...

Judicial Review in Reporting Restrictions: Insights from BBC et al. v Sheriff Court (ScotCS CSOH_35)

Date: Mar 20, 2020

Judicial Review in Reporting Restrictions: Insights from BBC et al. v Sheriff Court (ScotCS CSOH_35) Introduction The case THE BRITISH BROADCASTING CORPORATION (BBC); (SECOND) TIMES NEWSPAPERS LTD;...

Establishing Land Ownership Through Historical Conveyances: LEAFREALM LAND LTD v City of Edinburgh Council

Date: Mar 19, 2020

Establishing Land Ownership Through Historical Conveyances: LEAFREALM LAND LTD v City of Edinburgh Council Introduction The case of Leafrealm Land Limited against The City of Edinburgh Council and...

Jury's Role in Determining Adoption of Prior Statements Clarified in [2020] ScotHC HCJAC_17

Date: Mar 19, 2020

Jury's Role in Determining Adoption of Prior Statements Clarified in [2020] ScotHC HCJAC_17 Introduction The case of Basharat Khan ([2020] ScotHC HCJAC_17) adjudicated by the Scottish High Court of...

Logan v Her Majesty's Advocate: Affirming the Necessity of Cautions in Suspect Interrogations for Drug Supply Offenses

Date: Mar 19, 2020

Logan v Her Majesty's Advocate: Affirming the Necessity of Cautions in Suspect Interrogations for Drug Supply Offenses Introduction The case of Veronica Logan versus Her Majesty's Advocate ([2020]...

Applying Fair Comment in Online Defamation Cases: Insights from WILDCAT HAVEN ENTERPRISES CIC v Andy Wightman

Date: Mar 12, 2020

Applying Fair Comment in Online Defamation Cases: Insights from WILDCAT HAVEN ENTERPRISES CIC v Andy Wightman [2020] ScotCS CSOH_30 Introduction The case of Wildcat Haven Enterprises CIC against Andy...

Establishing the Independence of ILR Criteria: Analysis of MD Saddik Md Ab Sowdager (AP) v Advocate General [2020] CSOH 32

Date: Mar 12, 2020

Establishing the Independence of ILR Criteria: Analysis of MD Saddik Md Ab Sowdager (AP) v Advocate General [2020] CSOH 32 Introduction The case of MD Saddik Md Ab Sowdager (AP) v Advocate General,...

Design Responsibility and Duty of Care under Collateral Warranties: Morrison Supermarkets PLC v LEM Estates Ltd [2020] ScotCS CSOH_31

Date: Mar 12, 2020

Design Responsibility and Duty of Care under Collateral Warranties: Morrison Supermarkets PLC v LEM Estates Ltd [2020] ScotCS CSOH_31 Introduction The case of W M Morrison Supermarkets PLC vs. LEM...

Exclusion Clauses in Compromise Agreements and Personal Injury Actions: Insights from Troup v West Lothian Council [2020]

Date: Mar 11, 2020

Exclusion Clauses in Compromise Agreements and Personal Injury Actions: Insights from Troup v West Lothian Council [2020] Introduction The case of Jennifer Troup against West Lothian Council ([2020]...

Admissibility of Collaborative Communications in Establishing Joint Criminal Intent: Insights from [2020] ScotHC HCJAC_12

Date: Mar 6, 2020

Admissibility of Collaborative Communications in Establishing Joint Criminal Intent: Insights from [2020] ScotHC HCJAC_12 Introduction The case of Zak Bennett and Ian David Moyes v. Her Majesty's...

Enforceability of Servitude Conditions and Third-Party Rights in Contractual Agreements: Insights from Ian Duncan v Glasa LLP [2020] ScotCS CSOH_26

Date: Mar 4, 2020

Enforceability of Servitude Conditions and Third-Party Rights in Contractual Agreements: Insights from Ian Duncan v Glasa LLP [2020] ScotCS CSOH_26 Introduction The case of Ian Duncan against Glasa...

Interpretation of Judicial Review Time Limits under Section 27A of the Court of Session Act 1988: O'Neill and Lauchlan v. Scottish Ministers [2020] CSOH 28

Date: Mar 4, 2020

Interpretation of Judicial Review Time Limits under Section 27A of the Court of Session Act 1988: O'Neill and Lauchlan v. Scottish Ministers [2020] CSOH 28 Introduction In the landmark case of...

Self-Complaint Prohibition by SLCC: Francis Cannon v. Scottish Legal Complaints Commission

Date: Feb 29, 2020

Self-Complaint Prohibition by SLCC: Francis Cannon v. Scottish Legal Complaints Commission Introduction The case of Francis Cannon v. Scottish Legal Complaints Commission (SLCC) ([2020] ScotCS...

Land Compulsion and Crofting Tenure: Highlands & Islands Airports Ltd v Committee for the Combined Common Grazings of Melbost and Branahuie [2020] ScotCS CSIH_8

Date: Feb 29, 2020

Land Compulsion and Crofting Tenure: Highlands & Islands Airports Ltd v Committee for the Combined Common Grazings of Melbost and Branahuie [2020] ScotCS CSIH_8 Introduction The case of Highlands &...

Negligence in Medical Endoscopic Procedures: Comprehensive Analysis of Hamilton v Lanarkshire Health Board [2020] ScotCS 24

Date: Feb 29, 2020

Negligence in Medical Endoscopic Procedures: Comprehensive Analysis of Hamilton v Lanarkshire Health Board [2020] ScotCS 24 Introduction In the landmark case of Derek Hamilton against Lanarkshire...

Reversal of Onus in Civil Negligence Based on Prior Conviction: Cameron v Swan [2020] CSOH 20

Date: Feb 28, 2020

Reversal of Onus in Civil Negligence Based on Prior Conviction: Cameron v Swan [2020] CSOH 20 Introduction In the civil case of Samuel Cameron against Martin Swan and Another ([2020] CSOH 20), the...

Clarifying 'Row' in High Hedges (Scotland) Act 2013: Scottish Court of Session Upholds Multi-Row Interpretations

Date: Feb 28, 2020

Clarifying 'Row' in High Hedges (Scotland) Act 2013: Scottish Court of Session Upholds Multi-Row Interpretations Introduction The case of Brian Rizza versus the Scottish Ministers centers on the...