Scotland Case Commentaries

Burden of Proof and Witness Credibility in Proving Fraudulent Loan Agreements: Insights from James Stephen v Dorothy Melville [2020] ScotCS CSOH_10

Date: Jan 24, 2020

Burden of Proof and Witness Credibility in Proving Fraudulent Loan Agreements: Insights from James Stephen and Another v Dorothy Melville and Another [2020] ScotCS CSOH_10 Introduction The case of...

Limits on Disregard Clauses in Rent Reviews: Inclusion of Landlord-Erected Buildings

Date: Jan 22, 2020

Limits on Disregard Clauses in Rent Reviews: Inclusion of Landlord-Erected Buildings Introduction The case of Ashthead Plant Hire Company Ltd v Granton Central Developments Ltd ([2020] ScotCS CSIH_2)...

Clarifying the Scope of Desertion Pro Loco Et Tempore under Section 56: HCJAC 37

Date: Jan 18, 2020

Clarifying the Scope of Desertion Pro Loco Et Tempore under Section 56: HCJAC 37 Introduction The case of Ross Patrick vs. Her Majesty's Advocate ([2021] HCJAC 37) presents a significant examination...

Clarifying the Boundaries of Perverting the Course of Justice: Insights from HER MAJESTY'S ADVOCATE vs. GRAHAM CAMERON TURNER

Date: Jan 18, 2020

Clarifying the Boundaries of Perverting the Course of Justice: Insights from HER MAJESTY'S ADVOCATE vs. GRAHAM CAMERON TURNER Introduction The case of Her Majesty's Advocate against Graham Cameron...

Admissibility of Collateral Evidence under the Criminal Procedure (Scotland) Act: Ruling in [2020] ScotHC HCJAC_3

Date: Jan 17, 2020

Admissibility of Collateral Evidence under the Criminal Procedure (Scotland) Act: Ruling in [2020] ScotHC HCJAC_3 Introduction The case RN v Her Majesty's Advocate ([2020] ScotHC HCJAC_3) represents...

Darren Conquer v Lothian Health Board [2020] ScotCS CSOH_8: Establishing Causation in Complex Negligence Claims

Date: Jan 16, 2020

Darren Conquer v Lothian Health Board [2020] ScotCS CSOH_8: Establishing Causation in Complex Negligence Claims Introduction In the case of Darren Conquer against Lothian Health Board ([2020] ScotCS...

Balancing Property Rights and Freedom of Expression: Shell v Greenpeace [2020]

Date: Jan 16, 2020

Balancing Property Rights and Freedom of Expression: Shell UK Ltd v Stichting Greenpeace Council and Another [2020] ScotCS CSOH_7 Introduction The case of Shell UK Ltd v Stichting Greenpeace Council...

Deference to Liquidators in Asset Realization: Insights from WEST LARKIN LTD Winding Up ([2020] CSOH 6)

Date: Jan 15, 2020

Deference to Liquidators in Asset Realization: Insights from WEST LARKIN LTD Winding Up ([2020] CSOH 6) Introduction The case of Joseph Alexander Sweeney in relation to the winding up of West Larkin...

Reasonable Belief in Consent: HER MAJESTY'S ADVOCATE AGAINST JW ([2020] HCJ 11) Commentary

Date: Jan 15, 2020

Reasonable Belief in Consent: HER MAJESTY'S ADVOCATE AGAINST JW ([2020] HCJ 11) Commentary Introduction The case of HER MAJESTY'S ADVOCATE against JW ([2020] HCJ 11) was adjudicated in the Scottish...

Clarifying Assignation Rights under Rule 7.21(4) in Insolvency Proceedings: Insights from Sweeney v. West Larkin Ltd

Date: Jan 15, 2020

Clarifying Assignation Rights under Rule 7.21(4) in Insolvency Proceedings: Insights from Sweeney v. West Larkin Ltd Introduction The case of Donalda Theresa Sweeney in relation to the winding up of...

Restoration of Dissolved Companies for Enforcing Foreign Judgments: Insights from MCR Oil Tools LLC v Spex Offshore (UK) Ltd [2020] CSOH 5

Date: Jan 11, 2020

Restoration of Dissolved Companies for Enforcing Foreign Judgments: Insights from MCR Oil Tools LLC v Spex Offshore (UK) Ltd [2020] CSOH 5 Introduction The case of MCR Oil Tools LLC against Spex...

Third-Party Assignation Rights under the Third Parties (Rights against Insurers) Act 1930: A Comprehensive Analysis of AB and CD v Transform Medical Group and Travelers Insurance

Date: Jan 10, 2020

Third-Party Assignation Rights under the Third Parties (Rights against Insurers) Act 1930: A Comprehensive Analysis of AB and CD v Transform Medical Group and Travelers Insurance Introduction The...

Scottish Court of Session Upholds Rehabilitation Obligations under Article 5 ECHR in Glancy v Scottish Ministers

Date: Jan 8, 2020

Scottish Court of Session Upholds Rehabilitation Obligations under Article 5 ECHR in Glancy v Scottish Ministers Introduction In the case of Michael Glancy v Scottish Ministers ([2020] ScotCS...

Commencement of Time Limit Under Section 27A of the Court of Session Act 1988: Odubajọ v Secretary of State for the Home Department

Date: Jan 8, 2020

Commencement of Time Limit Under Section 27A of the Court of Session Act 1988: Odubajọ v Secretary of State for the Home Department Introduction The judicial review case Adeyimi Odutola Odubajọ (AP)...

Allocation of Expenses in Dawn Raid Document Recovery: JET LOGIC LTD v PRIVATE JET BOUTIQUE LTD [2019] SC 81

Date: Jul 17, 2019

Allocation of Expenses in Dawn Raid Document Recovery: JET LOGIC LTD v PRIVATE JET BOUTIQUE LTD [2019] SC 81 Introduction The case of JET LOGIC LIMITED ("the pursuer") versus THE PRIVATE JET BOUTIQUE...

Reaffirming Family Unity in Immigration Law: SA (First) v Secretary of State for the Home Department

Date: Sep 7, 2017

Reaffirming Family Unity in Immigration Law: SA (First) v Secretary of State for the Home Department Introduction The case of SA (First) (AP); SI (Second); SI (Third); TI (Fourth) v Secretary of...

Prescription (Scotland) Act 1973 and Its Application in Huntaven Properties Ltd v. Hunter Construction Ltd

Date: Mar 31, 2017

Prescription (Scotland) Act 1973 and Its Application in Huntaven Properties Ltd v. Hunter Construction Ltd Introduction The case of Huntaven Properties Ltd v. Hunter Construction (Aberdeen) Ltd & Ors...

Adjudicator’s Powers and Jurisdictional Obligations in Adjudication: Comprehensive Analysis of NKT Cables A/S v. SP Power Systems Ltd [2017] CSOH 38

Date: Mar 9, 2017

Adjudicator’s Powers and Jurisdictional Obligations in Adjudication: Comprehensive Analysis of NKT Cables A/S v. SP Power Systems Ltd [2017] CSOH 38 Introduction The case of NKT Cables A/S v. SP...

MIAB (AP) & Ors v. SSHD: Defining the Threshold for Amending Asylum Petitions under Dublin Regulation

Date: Jul 28, 2016

MIAB (AP) & Ors v. Secretary of State for the Home Department: Defining the Threshold for Amending Asylum Petitions under Dublin Regulation Introduction MIAB (AP) & Ors v. Secretary of State for the...

Elsick Development Co Ltd v. Aberdeen City: Clarifying the Limits of Planning Obligations under Circular 3/2012

Date: Apr 30, 2016

Elsick Development Co Ltd v. Aberdeen City: Clarifying the Limits of Planning Obligations under Circular 3/2012 Introduction The case of Elsick Development Co Ltd v. Aberdeen City and Shire Strategic...