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  • Commentaries

Scotland Case Commentaries

Expanding the Interpretation of Reasonable Precautions in Fatal Accident Inquiries: The Duncan Judgment

Expanding the Interpretation of Reasonable Precautions in Fatal Accident Inquiries: The Duncan Judgment

Date: Jan 4, 2025
Expanding the Interpretation of Reasonable Precautions in Fatal Accident Inquiries: The Duncan Judgment Introduction The case of Karen Duncan v The Lord Advocate ([2024] CSOH 114) marks a significant...
Reaffirmation of Proper Jury Directions and Interpretation in Criminal Appeals: McConville v HMA [2024] HCJAC 51

Reaffirmation of Proper Jury Directions and Interpretation in Criminal Appeals: McConville v HMA [2024] HCJAC 51

Date: Dec 25, 2024
Reaffirmation of Proper Jury Directions and Interpretation in Criminal Appeals: McConville v HMA [2024] HCJAC 51 Introduction The case of Ryan McConville v. HMA ([2024] HCJAC 51) presents a...
Strengthening Housing Authority Duties under the Housing (Scotland) Act 1987: Insights from Y v Glasgow City Council [2024] CSOH 113

Strengthening Housing Authority Duties under the Housing (Scotland) Act 1987: Insights from Y v Glasgow City Council [2024] CSOH 113

Date: Dec 25, 2024
Strengthening Housing Authority Duties under the Housing (Scotland) Act 1987: Insights from Y v Glasgow City Council [2024] CSOH 113 Introduction The case of Y v Glasgow City Council [2024] CSOH 113...
Clarifying Delegation Powers in Complaint Rejection: Wilson v SLCC

Clarifying Delegation Powers in Complaint Rejection: Wilson v SLCC

Date: Dec 25, 2024
Clarifying Delegation Powers in Complaint Rejection: Wilson v SLCC Introduction The case of Mervyn Wilson vs. Scottish Legal Complaints Commission (SLCC) ([2024] CSIH 40) presents a pivotal moment in...
Establishment of Cross-Class Cram Down in Company Restructuring: Dobbies Garden Centres Ltd v Court of Session [2024] CSOH 111

Establishment of Cross-Class Cram Down in Company Restructuring: Dobbies Garden Centres Ltd v Court of Session [2024] CSOH 111

Date: Dec 25, 2024
Establishment of Cross-Class Cram Down in Company Restructuring: Dobbies Garden Centres Ltd v Court of Session [2024] CSOH 111 Introduction Dobbies Garden Centres Limited ("Dobbies") found itself...
Defining Material Risk in Rare Asbestos-Related Diseases: A Commentary on Alasdair Kerr v Midlothian Council [2024] CSOH 112

Defining Material Risk in Rare Asbestos-Related Diseases: A Commentary on Alasdair Kerr v Midlothian Council [2024] CSOH 112

Date: Dec 25, 2024
Defining Material Risk in Rare Asbestos-Related Diseases: A Commentary on Alasdair Kerr v Midlothian Council [2024] CSOH 112 Introduction The case of Alasdair Kerr and others against Midlothian...
Assessment of Additional Fees in Malicious Prosecution: Insights from Ahmad v Lord Advocate

Assessment of Additional Fees in Malicious Prosecution: Insights from Ahmad v Lord Advocate

Date: Dec 20, 2024
Assessment of Additional Fees in Malicious Prosecution: Insights from Ahmad v Lord Advocate Introduction The case of Imran Ahmad v The Lord Advocate ([2024] CSOH 110) adjudicated by the Scottish...
Assessing Sentencing Proportionality in Domestic Homicide: A Comprehensive Analysis of [2024] HCJAC 50

Assessing Sentencing Proportionality in Domestic Homicide: A Comprehensive Analysis of [2024] HCJAC 50

Date: Dec 18, 2024
Assessing Sentencing Proportionality in Domestic Homicide: A Comprehensive Analysis of [2024] HCJAC 50 Introduction The case of Colin Kennedy versus His Majesty's Advocate ([2024] HCJAC 50)...
Admissibility of Expert Reports in Malicious Prosecution: Insights from MacGregor v Livingstone [2024] CSOH 109

Admissibility of Expert Reports in Malicious Prosecution: Insights from MacGregor v Livingstone [2024] CSOH 109

Date: Dec 18, 2024
Admissibility of Expert Reports in Malicious Prosecution: Insights from MacGregor v Livingstone [2024] CSOH 109 Introduction MacGregor v Livingstone [2024] CSOH 109 is a pivotal case adjudicated in...
Discrimination under Article 14 in Mental Health Legislation: Insights from MC (fe/la) for Judicial Review ([2024] CSOH 107)

Discrimination under Article 14 in Mental Health Legislation: Insights from MC (fe/la) for Judicial Review ([2024] CSOH 107)

Date: Dec 6, 2024
Discrimination under Article 14 in Mental Health Legislation: Insights from MC (fe/la) for Judicial Review ([2024] CSOH 107) Introduction The case of MC (fe/la) for Judicial Review (Court of Session)...
HCJAC Establishes Rigorous Standards for Admissibility of Fresh Evidence in Miscarriage of Justice Claims

HCJAC Establishes Rigorous Standards for Admissibility of Fresh Evidence in Miscarriage of Justice Claims

Date: Dec 4, 2024
HCJAC Establishes Rigorous Standards for Admissibility of Fresh Evidence in Miscarriage of Justice Claims Introduction The case of Darren Hughes versus HIS MAJESTY'S ADVOCATE, adjudicated by the...
Circumstantial Evidence and Its Weight: Analysis of HMA v Michael Porchetta [2024] HCJ 4

Circumstantial Evidence and Its Weight: Analysis of HMA v Michael Porchetta [2024] HCJ 4

Date: Dec 4, 2024
Circumstantial Evidence and Its Weight: Analysis of HMA v Michael Porchetta [2024] HCJ 4 Introduction The High Court of Justiciary in Scotland recently delivered a significant judgment in the case of...
Parens Patriae Authority in Medical Treatment for Unrepresented Minors: A Health Board v KL [2024] CSOH 108

Parens Patriae Authority in Medical Treatment for Unrepresented Minors: A Health Board v KL [2024] CSOH 108

Date: Dec 4, 2024
Parens Patriae Authority in Medical Treatment for Unrepresented Minors: A Health Board v KL [2024] CSOH 108 Introduction The case A Health Board in respect of KL ([2024] CSOH 108) adjudicated by Lady...
“Statutory Relevant-Person Status is Inviolable:  Lady Carmichael’s Re-statement of the Limits on Children’s Hearings”

“Statutory Relevant-Person Status is Inviolable: Lady Carmichael’s Re-statement of the Limits on Children’s Hearings”

Date: Nov 27, 2024
“Statutory Relevant-Person Status is Inviolable: Lady Carmichael’s Re-statement of the Limits on Children’s Hearings” 1. Introduction In Petition of A for Judicial Review ([2024] CSOH 106) Lady...
Ensuring Procedural Fairness in Administration Extensions: Analysis of [2024] CSOH 105

Ensuring Procedural Fairness in Administration Extensions: Analysis of [2024] CSOH 105

Date: Nov 25, 2024
Ensuring Procedural Fairness in Administration Extensions: Analysis of [2024] CSOH 105 Introduction The case of Anthony John Wright and Alastair Rex Massey vs. Scottish Court of Session ([2024] CSOH...
Establishing Boundaries through Evidence: Court of Session in Elizabeth Mary Rose v Baston [2024] CSOH 104

Establishing Boundaries through Evidence: Court of Session in Elizabeth Mary Rose v Baston [2024] CSOH 104

Date: Nov 21, 2024
Establishing Boundaries through Evidence: Court of Session in Elizabeth Mary Rose v Baston [2024] CSOH 104 Introduction In the case of Elizabeth Mary Rose against Richard Huw Baston and others...
Interpretation of National Planning Framework 4's Mitigation Hierarchy in Wildcat Haven v Scottish Ministers [2024] CSIH 39

Interpretation of National Planning Framework 4's Mitigation Hierarchy in Wildcat Haven v Scottish Ministers [2024] CSIH 39

Date: Nov 21, 2024
Interpretation of National Planning Framework 4's Mitigation Hierarchy in Wildcat Haven v Scottish Ministers [2024] CSIH 39 Introduction The case of Wildcat Haven Community Interest Company against...
Establishing the Duty to Provide Adequate Reasons in Social Care Assessments: CM vs Western Isles Council [2024] CSOH 103

Establishing the Duty to Provide Adequate Reasons in Social Care Assessments: CM vs Western Isles Council [2024] CSOH 103

Date: Nov 21, 2024
Establishing the Duty to Provide Adequate Reasons in Social Care Assessments: CM vs Western Isles Council [2024] CSOH 103 Introduction The case of CM vs Western Isles Council ([2024] CSOH 103)...
Firm Limits on Novel Expert Evidence: Biomechanical Simulations and Probabilistic Credibility Assessments Are Inadmissible Absent a Verifiable Factual Basis and Necessity (Christie v HMA [2024] HCJAC 52)

Firm Limits on Novel Expert Evidence: Biomechanical Simulations and Probabilistic Credibility Assessments Are Inadmissible Absent a Verifiable Factual Basis and Necessity (Christie v HMA [2024] HCJAC 52)

Date: Nov 16, 2024
Firm Limits on Novel Expert Evidence: Biomechanical Simulations and Probabilistic Credibility Assessments Are Inadmissible Absent a Verifiable Factual Basis and Necessity (Christie v HMA [2024] HCJAC...
Sexual Autonomy Prevails Over Performative Intent: Insights from HCJAC 47

Sexual Autonomy Prevails Over Performative Intent: Insights from HCJAC 47

Date: Nov 15, 2024
Sexual Autonomy Prevails Over Performative Intent: Insights from HCJAC 47 Introduction The case of Stuart Mitchell Kennedy versus Procurator Fiscal, Aberdeen ([2024] HCJAC 47) presents a significant...
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