Scotland Case Commentaries

Clarifying Prescriptive Periods under the Prescription and Limitation (Scotland) Act 1973: Gordon & Ors v Campbell Riddell Breeze Paterson LLP

Date: Mar 9, 2016

Clarifying Prescriptive Periods under the Prescription and Limitation (Scotland) Act 1973: Gordon & Ors v Campbell Riddell Breeze Paterson LLP Introduction The case of Linda Anne Gordon and Others v...

Prescott v. The University of St Andrews [2016] CSOH_3: Emphasizing Evidential Reliability in Negligence Claims for Asbestos Exposure

Date: Jan 14, 2016

Prescott v. The University of St Andrews [2016] CSOH_3: Emphasizing Evidential Reliability in Negligence Claims for Asbestos Exposure Introduction Case: Prescott v. The University of St Andrews...

Defining 'Good and Substantial Repair' in Lease Agreements: Analysis of SIPP (Pension Trustees) Ltd v Insight Travel Services Ltd ([2015] ScotCS CSIH_91)

Date: Dec 12, 2015

Defining 'Good and Substantial Repair' in Lease Agreements: Analysis of SIPP (Pension Trustees) Ltd v Insight Travel Services Ltd ([2015] ScotCS CSIH_91) Introduction The case SIPP (Pension Trustees)...

Regulatory Competency in Disability Benefits: Insights from Secretary of State for Work and Pensions v. Robertson

Date: Nov 25, 2015

Regulatory Competency in Disability Benefits: Insights from Secretary of State for Work and Pensions v. Robertson Introduction The case of Secretary of State for Work and Pensions v. Robertson...

Sutherland v. HM Advocate: Establishing Sentencing Standards for High-Level Drug Suppliers in Scotland

Date: Nov 25, 2015

Sutherland v. HM Advocate: Establishing Sentencing Standards for High-Level Drug Suppliers in Scotland Introduction Sutherland v. HM Advocate (2015 GWD 39-621) is a pivotal case adjudicated by the...

Prescriptive Periods and Fraud: Heather Capital Ltd v Burness Paull & Williamsons LLP

Date: Nov 7, 2015

Prescriptive Periods and Fraud: Heather Capital Ltd v Burness Paull & Williamsons LLP Introduction Heather Capital Ltd v Burness Paull & Williamsons LLP ([2015] ScotCS CSOH_150) is a pivotal case...

Kinloch v. HM Advocate: Reinforcing Offence-Oriented Risk Assessment in Sentencing

Date: Nov 7, 2015

Kinloch v. HM Advocate: Reinforcing Offence-Oriented Risk Assessment in Sentencing Introduction The case of Kinloch v. HM Advocate (2016 SCCR 25) adjudicated by the Scottish High Court of Justiciary...

AW v. Greater Glasgow Health Board: Establishing Negligence Without Causation in Medical Malpractice

Date: Jul 25, 2015

AW v. Greater Glasgow Health Board: Establishing Negligence Without Causation in Medical Malpractice Introduction The case of AW v. Greater Glasgow Health Board ([2015] ScotCS CSOH_99) was...

Reaffirmation of Distinctions in Immigration Applications: SM v. The Secretary of State for the Home Department

Date: Nov 22, 2014

Reaffirmation of Distinctions in Immigration Applications: SM v. The Secretary of State for the Home Department Introduction SM v. The Secretary of State for the Home Department ([2014] ScotCS...

Grove Investments Ltd v Cape Building Products Ltd: Redefining Dilapidations Clauses in Commercial Leases

Date: May 14, 2014

Grove Investments Ltd v Cape Building Products Ltd: Redefining Dilapidations Clauses in Commercial Leases Introduction In the landmark case of Grove Investments Ltd v Cape Building Products Ltd...

Limitation of Liquidators' Powers to Disclaim Environmental Licenses under Scottish Environmental Legislation

Date: Dec 13, 2013

Limitation of Liquidators' Powers to Disclaim Environmental Licenses under Scottish Environmental Legislation Introduction In the landmark case of The Scottish Environmental Protection Agency & Ors,...

Establishing Requirements for Prima Facie Case in Interdict Applications: AA v BB [2013] ScotSC 102

Date: Dec 4, 2013

Establishing Requirements for Prima Facie Case in Interdict Applications: AA v BB [2013] ScotSC 102 Introduction The case of AA v. BB ([2013] ScotSC 102) was adjudicated in the Kirkcudbright Sheriff...

Mutuality of Contract Does Not Preclude Constructive Dismissal: McNeill v. Aberdeen City Council (No 2)

Date: Nov 29, 2013

Mutuality of Contract Does Not Preclude Constructive Dismissal Case: McNeill v. Aberdeen City Council (No 2) ([2015] ICR 27) Court: Scottish Court of Session Date: 28 November 2013 Introduction The...

Material Change of Circumstances in Land Valuation: Economic Downturn as Sole Factor

Date: Nov 20, 2013

Material Change of Circumstances in Land Valuation: Economic Downturn as Sole Factor Introduction The case of SCHUH Ltd & The Royal Bank of Scotland PLC et al. v. Assessor for Glasgow ([2013] ScotCS...

Reconsideration of Fair Dismissal Procedures in BS v. Dundee City Council: Establishing Enhanced Procedural Standards

Date: Nov 13, 2013

Reconsideration of Fair Dismissal Procedures in BS v. Dundee City Council: Establishing Enhanced Procedural Standards Introduction The case of BS v. Dundee City Council ([2014] IRLR 131) adjudicated...

Reassessing Time Limit Waivers in Criminal Injuries Compensation Claims: Insights from JM v Advocate General for Scotland

Date: Oct 30, 2013

Reassessing Time Limit Waivers in Criminal Injuries Compensation Claims: Insights from JM v Advocate General for Scotland Introduction The case of JM v. Advocate General for Scotland (2013 GWD...

Aberdeen Asset Management Plc v HMRC [2013]: Defining 'Payment' and 'Readily Convertible Assets' under PAYE

Date: Oct 24, 2013

Aberdeen Asset Management Plc v HMRC [2013]: Defining 'Payment' and 'Readily Convertible Assets' under PAYE Introduction The case of Aberdeen Asset Management Plc v The Commissioners for Her...

Establishing a Duty of Care for Road Authorities: MacDonald v. Aberdeenshire Council [2013] CSIH 83

Date: Oct 20, 2013

Establishing a Duty of Care for Road Authorities: MacDonald v. Aberdeenshire Council [2013] CSIH 83 Introduction MacDonald v. Aberdeenshire Council ([2013] ScotCS CSIH_83) is a pivotal case decided...

Apparent Bias and Standard of Proof in Civil Recovery: Insights from The Scottish Ministers v. Stirton & Anor (2013)

Date: Oct 12, 2013

Apparent Bias and Standard of Proof in Civil Recovery: Insights from The Scottish Ministers v. Stirton & Anor (2013) Introduction The Scottish Ministers v. Stirton & Anor (2013 GWD 34-666) is a...

Shehadeh v. Secretary of State for the Home Department: Reinforcing the Hardial Singh Principles in Detention Law

Date: Aug 22, 2013

Shehadeh v. Secretary of State for the Home Department: Reinforcing the Hardial Singh Principles in Detention Law Introduction The case of Shehadeh (FE) v. Secretary of State for the Home Department...