Scotland Case Commentaries

Jurisdictional Boundaries in Adjudication: Insights from Barr Ltd v. Law Mining Ltd

Date: Jun 16, 2001

Jurisdictional Boundaries in Adjudication: Insights from Barr Ltd v. Law Mining Ltd Introduction The case of Barr Ltd v. Law Mining Ltd ([2001] ScotCS 152) adjudicated by the Scottish Court of...

Secretary of State for Defence v. MacDonald: Defining Gender in Anti-Discrimination Law

Date: Jun 2, 2001

Secretary of State for Defence v. MacDonald: Defining Gender in Anti-Discrimination Law Introduction The case of Secretary of State for Defence v. MacDonald ([2001] ScotCS 140) represents a pivotal...

Conflict of Interest and Fiduciary Duty in Osborne & Hunter Ltd v. Messrs Hardie Caldwell & Ors

Date: Jan 24, 2001

Conflict of Interest and Fiduciary Duty in Osborne & Hunter Ltd v. Messrs Hardie Caldwell & Ors ([2001] ScotCS 17) Introduction The case of Osborne & Hunter Ltd v. Messrs Hardie Caldwell & Ors...

BBC Scotland v. Souster [2000]: Defining National Origins under the Race Relations Act

Date: Dec 8, 2000

BBC Scotland v. Souster [2000]: Defining National Origins under the Race Relations Act Introduction BBC Scotland v. Souster ([2000] ScotCS 308) is a pivotal case adjudicated by the Scottish Court of...

Clydebank FC Ltd v Steedman & Ors: Upholding Directors’ Duties in Corporate Asset Transfers

Date: Sep 30, 2000

Clydebank FC Ltd v Steedman & Ors: Upholding Directors’ Duties in Corporate Asset Transfers Introduction Clydebank Football Club Ltd v. Steedman & Ors ([2000] ScotCS 250) is a landmark case...

Fraser v. State Hospitals Board for Scotland: Employer Liability for Psychiatric Injury

Date: Jul 12, 2000

Fraser v. State Hospitals Board for Scotland: Employer Liability for Psychiatric Injury Introduction Fraser v. State Hospitals Board for Scotland ([2000] ScotCS 191) is a pivotal case that examines...

Ensuring Evidential Support in Licensing Refusals: Risky Business Ltd v. City Of Glasgow Licensing Board

Date: Jun 15, 2000

Ensuring Evidential Support in Licensing Refusals: Risky Business Ltd v. City Of Glasgow Licensing Board Introduction The case of Risky Business Ltd v. City Of Glasgow Licensing Board ([2000] ScotCS...

Enforcement of "Keep Open" Clauses: A New Precedent in Highland & Universal Properties Ltd v. Safeway Properties Ltd

Date: Feb 2, 2000

Enforcement of "Keep Open" Clauses: A New Precedent in Highland & Universal Properties Ltd v. Safeway Properties Ltd Introduction The case of Highland & Universal Properties Ltd v. Safeway Properties...

Starrs v Ruxton: Ensuring Judicial Independence and Impartiality Under Article 6(1)

Date: Nov 12, 1999

Starrs v Ruxton: Ensuring Judicial Independence and Impartiality Under Article 6(1) 1. Introduction The case of Starrs v. Ruxton ([1999] ScotHC HCJ_259) was heard by the Scottish High Court of...

Homer Burgess Ltd v. Chirex (Annan) Ltd: Defining "Plant" in Construction Contracts Adjudication

Date: Nov 11, 1999

Homer Burgess Ltd v. Chirex (Annan) Ltd: Defining "Plant" in Construction Contracts Adjudication 1. Introduction The case of Homer Burgess Ltd v. Chirex (Annan) Ltd ([1999] ScotCS 264) was...

Establishing Ostensible Authority and Contract Formation under Scots Law: Ferguson Shipbuilders Ltd v. Voith Hydro GmbH

Date: Sep 24, 1999

Establishing Ostensible Authority and Contract Formation under Scots Law: Ferguson Shipbuilders Ltd v. Voith Hydro GmbH Introduction The case of Ferguson Shipbuilders Ltd v. Voith Hydro GmbH & Co &...

Morrison-Low v. Paterson & Anor (1999) ScotCS 220: Termination of Agricultural Tenancy and Trust Purposes

Date: Sep 17, 1999

Termination of Agricultural Tenancy and Trust Purposes: Morrison-Low v. Paterson & Anor ([1999] ScotCS 220) Introduction Morrison-Low v. Paterson & Anor is a landmark decision by the Scottish Court...

Establishing Vicarious Liability for Psychiatric Injury Requires Clear Evidence of Recognized Psychiatric Illness

Date: Jul 22, 1999

Establishing Vicarious Liability for Psychiatric Injury Requires Clear Evidence of Recognized Psychiatric Illness Introduction Rorrison v. West Lothian College & Anor ([1999] ScotCS 177) is a...

Constructive Dismissal and Breach of Implied Trust: Insights from Macari v. Celtic Football & Athletic Co Ltd

Date: Jun 9, 1999

Constructive Dismissal and Breach of Implied Trust: Insights from Macari v. Celtic Football & Athletic Co Ltd Introduction The case of Macari v. Celtic Football & Athletic Co Ltd ([1999] ScotCS 138)...

Exclusion of Pure Economic Loss in Oil Pollution Compensation: Landcatch Ltd v. International Oil Pollution Compensation Fund [1999] ScotCS 116

Date: May 20, 1999

Exclusion of Pure Economic Loss in Oil Pollution Compensation Landcatch Ltd v. International Oil Pollution Compensation Fund [1999] ScotCS 116 1. Introduction Landcatch Ltd v. International Oil...

Unilateral Termination of Commercial Agency Agreements: Insights from Roy v. MR Pearlman Ltd [1999] ScotCS 71

Date: Mar 11, 1999

Unilateral Termination of Commercial Agency Agreements: Insights from Roy v. MR Pearlman Ltd [1999] ScotCS 71 Introduction The case of Roy v. MR Pearlman Ltd ([1999] ScotCS 71) presents a pivotal...

Establishing Defamatory Innuendo: The Reasonable Person Test in McCann v. Scottish Media Newspapers Ltd [1999] ScotCS 52

Date: Feb 19, 1999

Establishing Defamatory Innuendo: The Reasonable Person Test in McCann v. Scottish Media Newspapers Ltd [1999] ScotCS 52 Introduction The case of McCann v. Scottish Media Newspapers Ltd ([1999]...

Ali v. Secretary of State for the Home Department: Upholding the Sokha Test in Immigration Bail Decisions

Date: Jan 27, 1999

Ali v. Secretary of State for the Home Department: Upholding the Sokha Test in Immigration Bail Decisions Introduction The case of Ali v. Secretary of State for the Home Department ([1999] ScotCS 32)...

Application of Manual Handling Operations Regulations 1992 in Occupational Injury Claims: King v. Carron Phoenix Ltd

Date: Jan 27, 1999

Application of Manual Handling Operations Regulations 1992 in Occupational Injury Claims: King v. Carron Phoenix Ltd Introduction King v. Carron Phoenix Ltd ([1999] ScotCS 34) is a pivotal case...

Employer's Duty to Provide Safe Equipment and Adequate Training: Insights from English v. North Lanarkshire Council

Date: Jan 23, 1999

Employer's Duty to Provide Safe Equipment and Adequate Training: Insights from English v. North Lanarkshire Council Introduction English v. North Lanarkshire Council ([1999] ScotCS 29) is a landmark...