Commentaries

Scotland Case Commentaries

Definition of Charitable Purposes in Tax Law: IRC v. Glasgow Police Athletic Association [1951]

Date: Dec 13, 1951

Definition of Charitable Purposes in Tax Law: IRC v. Glasgow Police Athletic Association [1951] Introduction The case of IRC v. Glasgow Police Athletic Association ([1951] ScotCS CSIH_4) presents a...

Enforceability of Covenant Schemes and Third-Party Inducement in Motor Trade: Insights from British Motor Trade Association v. Gray (1951)

Date: Mar 17, 1951

Enforceability of Covenant Schemes and Third-Party Inducement in Motor Trade: Insights from British Motor Trade Association v. Gray (1951) Introduction The landmark case British Motor Trade...

Expanding Marital Nullity: Empowering Impotent Spouses in Scottish Law

Date: Feb 24, 1945

Expanding Marital Nullity: Empowering Impotent Spouses in Scottish Law Introduction The landmark case F v. F ([1945] ScotCS CSIH_1) represents a pivotal moment in Scottish matrimonial law. Prior to...

Reavis v. Clan Line Steamers (1925): Defining Employer's Liability for Loss of Services in Scottish Law

Date: Jun 18, 1925

Reavis v. Clan Line Steamers (1925): Defining Employer's Liability for Loss of Services in Scottish Law Introduction The case of Reavis v. Clan Line Steamers (No.1) ([1925] ScotCS CSIH_5) adjudicated...

Reaffirming the Primacy of Public Law in Enforcement of Interdicts: Johnson v. Grant and Others

Date: Jun 6, 1923

Reaffirming the Primacy of Public Law in Enforcement of Interdicts: Johnson v. Grant and Others Introduction Johnson v. Grant and Others ([1923] SLR 508) is a pivotal case adjudicated by the Scottish...

Serious and Wilful Misconduct in Workmen's Compensation: The M'Kenna v. Niddrie and Benhar Coal Co. Ltd Precedent

Date: Oct 16, 1915

Serious and Wilful Misconduct in Workmen's Compensation: The M'Kenna v. Niddrie and Benhar Coal Co. Ltd Precedent Introduction M'Kenna v. Niddrie and Benhar Coal Co. Ltd ([1915] SLR 1) is a seminal...

Damages for Late Delivery as a Defence in Contractual Price Claims: British Motor Body Co., Ltd v. Thomas Shaw (Dundee), Ltd

Date: Jul 11, 1914

Damages for Late Delivery as a Defence in Contractual Price Claims: British Motor Body Co., Ltd v. Thomas Shaw (Dundee), Ltd Introduction The case of British Motor Body Co., Ltd v. Thomas Shaw...

R v. S [1913] SLR 161: Limiting the Use of Veritasveritas as a Defense Following an Apology

Date: Dec 19, 1913

R v. S [1913] SLR 161: Limiting the Use of Veritasveritas as a Defense Following an Apology Introduction The case R v. S ([1913] SLR 161) was adjudicated by the Scottish Court of Session on December...

Unsubscribed Holographic Wills Invalidated: Grant v Thom [1913]

Date: Nov 22, 1913

Unsubscribed Holographic Wills Invalidated: Grant v Thom [1913] Introduction The case of Grant and Another (Taylor's Executrices) v. Thom and Others ([1913] SLR 55) was adjudicated by the Scottish...

Possession and Control Determine Liability in Premises Defect Cases: Kennedy v. Shotts Iron Co., Ltd, and Others (1913)

Date: Jul 18, 1913

Possession and Control Determine Liability in Premises Defect Cases: Kennedy v. Shotts Iron Co., Ltd, and Others (1913) Introduction The case of Kennedy v. Shotts Iron Co., Ltd, and Others ([1913]...

Duty of Care in Public Spaces: Mackenzie v. Fairfield Shipbuilding and Engineering Co., Ltd. (1912)

Date: Nov 27, 1912

Duty of Care in Public Spaces: Mackenzie v. Fairfield Shipbuilding and Engineering Co., Ltd. (1912) Introduction In the early 20th century, industrial activities near public areas often led to...

Defining Privilege in Private Malicious Prosecution: The Chalmers v. Barclay, Perkins, & Co. Precedent

Date: Feb 9, 1912

Defining Privilege in Private Malicious Prosecution: The Chalmers v. Barclay, Perkins, & Co. Precedent Introduction Chalmers v. Barclay, Perkins, & Co., Ltd ([1912] SLR 465) is a landmark case...

Strict Enforcement of Written Agreements under the Workmen's Compensation Act: M'Lean v. Allan Line Steamship Co.

Date: Dec 17, 1911

Strict Enforcement of Written Agreements under the Workmen's Compensation Act: M'Lean v. Allan Line Steamship Co. Introduction The case of M'Lean v. The Allan Line Steamship Co., Ltd ([1911] SLR 207)...

Definiteness in Testamentary Bequests: The M'Phee's Trustees v. M'Phee Case

Date: Nov 8, 1911

Definiteness in Testamentary Bequests: The M'Phee's Trustees v. M'Phee Case Introduction The case of M'Phee's Trustees v. M'Phee and Others ([1911] SLR 33) adjudicated by the Scottish Court of...

Onus of Proof in Workmen's Compensation: M'Ghee v. Summerlee Iron Co.

Date: May 31, 1911

Onus of Proof in Workmen's Compensation: M'Ghee v. Summerlee Iron Co. Introduction M'Ghee v. Summerlee Iron Co., Ltd ([1911] SLR 807) is a pivotal case adjudicated by the Scottish Court of Session on...

Kerr v. William Baird & Co., Ltd.: Scope of Employment in Workmen's Compensation

Date: Mar 17, 1911

Kerr v. William Baird & Co., Ltd.: Scope of Employment in Workmen's Compensation Introduction Kerr v. William Baird & Co., Ltd. ([1911] SLR 646) is a seminal case decided by the Scottish Court of...

Vesting Subject to Defeasance in Testamentary Dispositions: Insight from Johnston's Trustees v. Dewar and Others ([1911] SLR 582)

Date: Mar 11, 1911

Vesting Subject to Defeasance in Testamentary Dispositions: Insight from Johnston's Trustees v. Dewar and Others ([1911] SLR 582) 1. Introduction Johnston's Trustees v. Dewar and Others is a seminal...

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