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  • Commentaries

Scotland Case Commentaries

Refusal of Reasonable Medical Treatment Leads to Forfeiture of Compensation: Donnelly v. William Baird & Co., Ltd. [1908] SLR 394

Refusal of Reasonable Medical Treatment Leads to Forfeiture of Compensation: Donnelly v. William Baird & Co., Ltd. [1908] SLR 394

Date: Feb 2, 1908
Refusal of Reasonable Medical Treatment Leads to Forfeiture of Compensation: Donnelly v. William Baird & Co., Ltd. [1908] SLR 394 Introduction In the landmark case of Donnelly v. William Baird & Co.,...
Black v North British Railway Co. [1908]: Preserving the Consideration of Negligence in Damages Assessment

Black v North British Railway Co. [1908]: Preserving the Consideration of Negligence in Damages Assessment

Date: Jan 19, 1908
Black v North British Railway Co. [1908]: Preserving the Consideration of Negligence in Damages Assessment Introduction The case of Black and Others v. North British Railway Co. ([1908] SLR 340) was...
Supremacy of Statutory Remedies in Workmen's Compensation: Fife Coal Co. Ltd v. Lindsay [1908] SLR 317

Supremacy of Statutory Remedies in Workmen's Compensation: Fife Coal Co. Ltd v. Lindsay [1908] SLR 317

Date: Jan 18, 1908
Supremacy of Statutory Remedies in Workmen's Compensation: Fife Coal Co. Ltd v. Lindsay [1908] SLR 317 Introduction The case of Fife Coal Co., Ltd v. Lindsay ([1908] SLR 317) stands as a pivotal...
Independent Pursuers Must Sue Separately: Established in Paxton and Others v. Brown [1908] SLR 323

Independent Pursuers Must Sue Separately: Established in Paxton and Others v. Brown [1908] SLR 323

Date: Jan 15, 1908
Independent Pursuers Must Sue Separately: Established in Paxton and Others v. Brown [1908] SLR 323 Introduction The case of Paxton and Others v. Brown ([1908] SLR 323) addressed pivotal issues...
Invalid Exercise of Apportionment Power in Antenuptial Contracts: Insights from Dick's Trustees v. Cameron and Others (1907)

Invalid Exercise of Apportionment Power in Antenuptial Contracts: Insights from Dick's Trustees v. Cameron and Others (1907)

Date: Jun 7, 1907
Invalid Exercise of Apportionment Power in Antenuptial Contracts: Insights from Dick's Trustees v. Cameron and Others (1907) Introduction Dick's Trustees v. Cameron and Others ([1907] SLR 753) is a...
Establishing the Non-Applicability of Accretion in Equal Legacy Shares: Commentary on Paxton's Trustees v. Cowie

Establishing the Non-Applicability of Accretion in Equal Legacy Shares: Commentary on Paxton's Trustees v. Cowie

Date: Jun 1, 1907
Establishing the Non-Applicability of Accretion in Equal Legacy Shares: Commentary on Paxton's Trustees v. Cowie Introduction The case of Paxton's Trustees v. Cowie ([1886] ScotCS CSIH_1) adjudicated...
Fraudulent Trade Practices Disqualify Equitable Remedies: Bile Bean Manufacturing Co. v. Davidson (1906)

Fraudulent Trade Practices Disqualify Equitable Remedies: Bile Bean Manufacturing Co. v. Davidson (1906)

Date: Jul 21, 1906
Fraudulent Trade Practices Disqualify Equitable Remedies: Bile Bean Manufacturing Co. v. Davidson (1906) Introduction Bile Bean Manufacturing Co. v. Davidson ([1906] SLR 43_827) is a landmark case...
Affirmation of Strong Presumption in Exercise of Appointment Powers under Wills Act 1837: Bray v. Peterkin and Others [1906] SLR 43_746

Affirmation of Strong Presumption in Exercise of Appointment Powers under Wills Act 1837: Bray v. Peterkin and Others [1906] SLR 43_746

Date: Jul 20, 1906
Affirmation of Strong Presumption in Exercise of Appointment Powers under Wills Act 1837 Bray and Others v. Peterkin (Bruce's Trustee) and Others ([1906] SLR 43_746) Introduction Bray and Others v....
Malicious Misrepresentation to Authorities: Brown v. Fraser [1906] SLR 43_741

Malicious Misrepresentation to Authorities: Brown v. Fraser [1906] SLR 43_741

Date: Jun 28, 1906
Malicious Misrepresentation to Authorities: Brown v. Fraser [1906] SLR 43_741 Introduction Brown v. Fraser is a seminal case decided by the Scottish Court of Session on June 27, 1906. The case...
Discouraging Appeals on Mere Expenses: Caldwell v. Dykes [1906] SLR 43_606

Discouraging Appeals on Mere Expenses: Caldwell v. Dykes [1906] SLR 43_606

Date: May 26, 1906
Discouraging Appeals on Mere Expenses: Caldwell v. Dykes [1906] SLR 43_606 Introduction Caldwell v. Dykes is a landmark case decided by the Scottish Court of Session on May 25, 1906. The dispute...
Caledon Shipbuilding and Engineering Co., Ltd v. Kennedy (1906): Jurisdiction and Competency in Workmen's Compensation Arbitration

Caledon Shipbuilding and Engineering Co., Ltd v. Kennedy (1906): Jurisdiction and Competency in Workmen's Compensation Arbitration

Date: Mar 14, 1906
Caledon Shipbuilding and Engineering Co., Ltd v. Kennedy (1906): Jurisdiction and Competency in Workmen's Compensation Arbitration Introduction The case of Caledon Shipbuilding and Engineering Co.,...
Finality of Sheriff's Decisions under the Workmen's Compensation Act: Binning v Easton & Sons [1906] SLR 43_312

Finality of Sheriff's Decisions under the Workmen's Compensation Act: Binning v Easton & Sons [1906] SLR 43_312

Date: Jan 19, 1906
Finality of Sheriff's Decisions under the Workmen's Compensation Act Binning v Easton & Sons [1906] SLR 43_312 Introduction Binning v Easton & Sons is a seminal case decided by the Scottish Court of...
Dobson v. The United Collieries Ltd (1905): Establishing the Precedent for Wilful Misconduct in Workers' Compensation

Dobson v. The United Collieries Ltd (1905): Establishing the Precedent for Wilful Misconduct in Workers' Compensation

Date: Dec 17, 1905
Dobson v. The United Collieries Ltd (1905): Establishing the Precedent for Wilful Misconduct in Workers' Compensation Introduction The case of Dobson v. The United Collieries Ltd ([1905] SLR 43_260)...
Establishing the Nature of Beneficiary Interests: Insights from Marquis of Tweeddale's Trustees v. Marquis of Tweeddale and Others ([1905] SLR 43_193)

Establishing the Nature of Beneficiary Interests: Insights from Marquis of Tweeddale's Trustees v. Marquis of Tweeddale and Others ([1905] SLR 43_193)

Date: Dec 17, 1905
Establishing the Nature of Beneficiary Interests: Insights from Marquis of Tweeddale's Trustees v. Marquis of Tweeddale and Others ([1905] SLR 43_193) Introduction Marquis of Tweeddale's Trustees v....
Consistency of Compensation Awards When Supplemented by Wage Earnings: Bryson v. J Dunn & Stephen, Ltd. [1905]

Consistency of Compensation Awards When Supplemented by Wage Earnings: Bryson v. J Dunn & Stephen, Ltd. [1905]

Date: Dec 15, 1905
Consistency of Compensation Awards When Supplemented by Wage Earnings: Bryson v. J Dunn & Stephen, Ltd. [1905] Introduction Bryson v. J Dunn & Stephen, Ltd. is a pivotal case adjudicated by the...
Inference of Malice Required for Privileged Judicial Slander Claims: Campbell v. Cochrane [1905]

Inference of Malice Required for Privileged Judicial Slander Claims: Campbell v. Cochrane [1905]

Date: Dec 8, 1905
Inference of Malice Required for Privileged Judicial Slander Claims: Campbell v. Cochrane [1905] Introduction Campbell v. Cochrane ([1905] SLR 43_221) is a notable decision by the Scottish Court of...
Void for Uncertainty in Discretionary Bequests: Analysis of Shaw's Trustees v. Esson's Trustees and Others ([1905] SLR 43_21)

Void for Uncertainty in Discretionary Bequests: Analysis of Shaw's Trustees v. Esson's Trustees and Others ([1905] SLR 43_21)

Date: Nov 3, 1905
Void for Uncertainty in Discretionary Bequests: Analysis of Shaw's Trustees v. Esson's Trustees and Others ([1905] SLR 43_21) Introduction Shaw's Trustees v. Esson's Trustees and Others ([1905] SLR...
Bett v Dalmeny Oil Co., Ltd: Establishing Employer Liability Beyond Common Employment

Bett v Dalmeny Oil Co., Ltd: Establishing Employer Liability Beyond Common Employment

Date: Jun 18, 1905
Bett v Dalmeny Oil Co., Ltd: Establishing Employer Liability Beyond Common Employment Introduction Bett v Dalmeny Oil Co., Ltd ([1905] SLR 42_638) is a landmark case adjudicated by the Scottish Court...
Ellis v. National Free Labour Association: Evidentiary Standards in Slander Proceedings

Ellis v. National Free Labour Association: Evidentiary Standards in Slander Proceedings

Date: May 13, 1905
Ellis v. National Free Labour Association: Evidentiary Standards in Slander Proceedings Introduction The case of Ellis v. The National Free Labour Association and Others ([1905] SLR 42_495)...
Moyes v. William Dixon, Ltd: Defining 'Dependants' under the Workmen's Compensation Act 1897

Moyes v. William Dixon, Ltd: Defining 'Dependants' under the Workmen's Compensation Act 1897

Date: Jan 14, 1905
Moyes v. William Dixon, Ltd: Defining 'Dependants' under the Workmen's Compensation Act 1897 Introduction The case of Moyes v. William Dixon, Ltd ([1905] SLR 42_319) represents a pivotal decision by...
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