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  • Commentaries

Scotland Case Commentaries

Jus Mariti and Recompense in Property Improvement: Insights from Rankin v. Wither (1886)

Jus Mariti and Recompense in Property Improvement: Insights from Rankin v. Wither (1886)

Date: May 27, 1886
Jus Mariti and Recompense in Property Improvement: Insights from Rankin v. Wither (1886) Introduction Rankin v. Wither ([1886] SLR 23_629) is a seminal case adjudicated by the Scottish Court of...
Clarifying the Scope of Section 163: Heritable Creditors' Rights in Company Liquidation — Athole Hydropathic Co. v. Scottish Provincial Assurance Co. [1886]

Clarifying the Scope of Section 163: Heritable Creditors' Rights in Company Liquidation — Athole Hydropathic Co. v. Scottish Provincial Assurance Co. [1886]

Date: Mar 20, 1886
Clarifying the Scope of Section 163: Heritable Creditors' Rights in Company Liquidation Athole Hydropathic Co. and Liquidator v. The Scottish Provincial Assurance Co. ([1886] SLR 23_570) Introduction...
Defining Structural Damage Compensation: Insights from The Glasgow City and District Railway Co. v. Macgeorge [1886] SLR 23414

Defining Structural Damage Compensation: Insights from The Glasgow City and District Railway Co. v. Macgeorge [1886] SLR 23414

Date: Feb 26, 1886
Defining Structural Damage Compensation: Insights from The Glasgow City and District Railway Co. v. Macgeorge [1886] SLR 23414 Introduction The case of The Glasgow City and District Railway Co. v....
Clarifying the Scope of "Mines and Minerals" under the Railway Clauses Consolidation Act 1845: The Nisbet Hamilton v. North British Railway Co. Judgment

Clarifying the Scope of "Mines and Minerals" under the Railway Clauses Consolidation Act 1845: The Nisbet Hamilton v. North British Railway Co. Judgment

Date: Jan 16, 1886
Clarifying the Scope of "Mines and Minerals" under the Railway Clauses Consolidation Act 1845: The Nisbet Hamilton v. North British Railway Co. Judgment Introduction The case of Nisbet Hamilton v....
J & A Wyllie v. Harrison & Co.: Defining Liability for Demurrage Under Port Customs

J & A Wyllie v. Harrison & Co.: Defining Liability for Demurrage Under Port Customs

Date: Oct 30, 1885
J & A Wyllie v. Harrison & Co.: Defining Liability for Demurrage Under Port Customs Introduction The case of J & A Wyllie v. Harrison & Co. ([1885] SLR 23_62_1) was adjudicated by the Scottish Court...
Taylor v. M'Dougall & Sons and Rutherford ([1885] SLR 22869): Establishing the Boundaries of Amending Summons in Damages Actions

Taylor v. M'Dougall & Sons and Rutherford ([1885] SLR 22869): Establishing the Boundaries of Amending Summons in Damages Actions

Date: Jul 16, 1885
Taylor v. M'Dougall & Sons and Rutherford ([1885] SLR 22869): Establishing the Boundaries of Amending Summons in Damages Actions Introduction Taylor v. M'Dougall & Sons and Rutherford is a pivotal...
Argyllshire v. Campbell (1885): Affirming Reserved Access Rights in Feu-Dispositions

Argyllshire v. Campbell (1885): Affirming Reserved Access Rights in Feu-Dispositions

Date: Jul 11, 1885
Argyllshire v. Campbell (1885): Affirming Reserved Access Rights in Feu-Dispositions Introduction The case of Commissioners of Supply of Argyllshire v. Campbell ([1885] SLR 22_856) is a seminal...
Sheppard's Trustee v. Sheppard and Others (1885): Clarifying Conversion of Heritable Estates in Trusts

Sheppard's Trustee v. Sheppard and Others (1885): Clarifying Conversion of Heritable Estates in Trusts

Date: Jul 4, 1885
Sheppard's Trustee v. Sheppard and Others ([1885] SLR 22_801) Introduction Sheppard's Trustee v. Sheppard and Others is a landmark decision by the Scottish Court of Session delivered on July 3, 1885....
Judicial Restrictions on Trade Union Legal Actions: Aitken v. Associated Carpenters and Joiners of Scotland (1885)

Judicial Restrictions on Trade Union Legal Actions: Aitken v. Associated Carpenters and Joiners of Scotland (1885)

Date: Jul 4, 1885
Judicial Restrictions on Trade Union Legal Actions: Aitken v. Associated Carpenters and Joiners of Scotland (1885) Introduction The case Aitken v. Associated Carpenters and Joiners of Scotland...
Sharp v. The Pathhead Spinning Co. (1885): Employer Liability in Child Employment

Sharp v. The Pathhead Spinning Co. (1885): Employer Liability in Child Employment

Date: Jan 31, 1885
Sharp v. The Pathhead Spinning Co. (1885): Employer Liability in Child Employment Introduction Sharp v. The Pathhead Spinning Co. (Ltd) ([1885] SLR 22_368) is a seminal case adjudicated by the...
Vesting of Trusts at Death: Insights from Waters' Trustees v. Waters (1884)

Vesting of Trusts at Death: Insights from Waters' Trustees v. Waters (1884)

Date: Dec 7, 1884
Vesting of Trusts at Death: Insights from Waters' Trustees v. Waters ([1884] SLR 22_176) Introduction Waters' Trustees v. Waters is a seminal case decided by the Scottish Court of Session on December...
Mandate to Prove Malice in Judicial Slander Claims: Scott v. Turnbull [1884]

Mandate to Prove Malice in Judicial Slander Claims: Scott v. Turnbull [1884]

Date: Jul 19, 1884
Mandate to Prove Malice in Judicial Slander Claims: Scott v. Turnbull [1884] Introduction Scott v. Turnbull ([1884] SLR 21_749) is a landmark case heard by the Scottish Court of Session on July 18,...
Prudential Assurance Co. v. Cheyne (1884): Clarifying the Limitations of Maills and Duties as a Superior's Remedy

Prudential Assurance Co. v. Cheyne (1884): Clarifying the Limitations of Maills and Duties as a Superior's Remedy

Date: Jun 5, 1884
Prudential Assurance Co. v. Cheyne (1884): Clarifying the Limitations of Maills and Duties as a Superior's Remedy Introduction Prudential Assurance Co. v. Cheyne ([1884] SLR 21_606) is a seminal case...
Judicial Discretion on Trial Mode in Public Right-of-Way Disputes: Blair v. Macfie

Judicial Discretion on Trial Mode in Public Right-of-Way Disputes: Blair v. Macfie

Date: Feb 3, 1884
Judicial Discretion on Trial Mode in Public Right-of-Way Disputes: Blair v. Macfie ([1884] SLR 21_349) Introduction The case of Blair v. Macfie ([1884] SLR 21_349) stands as a significant judicial...
Inclusion of Straw in Crop Valuation under Lease Agreements: Nivison v. Howat [1883]

Inclusion of Straw in Crop Valuation under Lease Agreements: Nivison v. Howat [1883]

Date: Nov 17, 1883
Inclusion of Straw in Crop Valuation under Lease Agreements: Nivison v. Howat [1883] Introduction Nivison v. Howat ([1883] SLR 21_104) is a landmark judgment by the Scottish Court of Session that...
Establishing 'Office' within Feu-Contractual Conditions: Colville v. Carrick (1883)

Establishing 'Office' within Feu-Contractual Conditions: Colville v. Carrick (1883)

Date: Jul 20, 1883
Establishing 'Office' within Feu-Contractual Conditions: Colville v. Carrick (1883) Introduction Colville v. Carrick and others ([1883] SLR 20_839) is a landmark decision by the Scottish Court of...
Grant v Drysdale (1883): Defining Employer Liability and Employee Negligence under the Employers Liability Act

Grant v Drysdale (1883): Defining Employer Liability and Employee Negligence under the Employers Liability Act

Date: Jul 13, 1883
Grant v Drysdale (1883): Defining Employer Liability and Employee Negligence under the Employers Liability Act Introduction Grant v Drysdale ([1883] SLR 20_774) is a seminal case adjudicated by the...
Corke v. Brims (1883): Establishing the Definition of Separate Tenements for Tax Exemption

Corke v. Brims (1883): Establishing the Definition of Separate Tenements for Tax Exemption

Date: Jul 8, 1883
Corke v. Brims (1883): Establishing the Definition of Separate Tenements for Tax Exemption Introduction The landmark case of Corke (Surveyor of Taxes) v. Brims ([1883] SLR 20_778) adjudicated by the...
Aitken v. Munro (1883): Clarifying Heritable vs. Moveable Estates in Trust Administration

Aitken v. Munro (1883): Clarifying Heritable vs. Moveable Estates in Trust Administration

Date: Jul 7, 1883
Aitken v. Munro (1883): Clarifying Heritable vs. Moveable Estates in Trust Administration Introduction The case of Aitken and Others v. Munro and Others ([1883] SLR 20_741) adjudicated by the...
Mackay v. Parochial Board of Parish of Barry (1883): Arbitration Supremacy in Contractual Disputes

Mackay v. Parochial Board of Parish of Barry (1883): Arbitration Supremacy in Contractual Disputes

Date: Jun 22, 1883
Mackay v. Parochial Board of Parish of Barry (1883): Arbitration Supremacy in Contractual Disputes Introduction Mackay v. Parochial Board of Parish of Barry is a seminal case adjudicated by the...
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