Scotland Case Commentaries

Logan v. Strathclyde Fire Board: Establishing Employer Liability under MHOR

Date: Jan 13, 1999

Logan v. Strathclyde Fire Board: Establishing Employer Liability under MHOR Introduction Logan v. Strathclyde Fire Board ([1999] ScotCS 11) is a landmark case adjudicated by the Scottish Court of...

Re Royal Bank of Scotland Plc v Holmes [1999]: Reinforcing Specificity in Fraud Allegations Against Corporate Entities in Scottish Law

Date: Jan 9, 1999

Re Royal Bank of Scotland Plc v Holmes [1999]: Reinforcing Specificity in Fraud Allegations Against Corporate Entities in Scottish Law Introduction The case of Royal Bank of Scotland Plc v Holmes...

Expanding Jurisdiction in Multi-Defendant Proceedings: Insights from Compagnie Commercial Andre SA v. Artibell Shipping Company Ltd (1999)

Date: Jan 8, 1999

Expanding Jurisdiction in Multi-Defendant Proceedings: Insights from Compagnie Commercial Andre SA v. Artibell Shipping Company Ltd (1999) Introduction The case of Compagnie Commercial Andre SA v....

Acknowledgement of Obligations under the Prescription and Limitation (Scotland) Act 1973: Insights from Richardson v. Quercus Ltd [1998] ScotCS 112

Date: Dec 25, 1998

Acknowledgement of Obligations under the Prescription and Limitation (Scotland) Act 1973: Insights from Richardson v. Quercus Ltd [1998] ScotCS 112 Introduction Richardson v. Quercus Ltd ([1998]...

Remittal for Further Hearing in Singh v. Secretary of State for the Home Department: Assessing Internal Flight Alternatives in Asylum Claims

Date: Dec 5, 1998

Remittal for Further Hearing in Singh v. Secretary of State for the Home Department: Assessing Internal Flight Alternatives in Asylum Claims Introduction The case of Singh v. Secretary of State for...

Comprehensive Commentary on Ward v. Scotrail Railways Ltd [1998] ScotCS 81

Date: Nov 28, 1998

Ward v. Scotrail Railways Ltd [1998] ScotCS 81: Establishing Precedents in Workplace Harassment Law Introduction The case of Ward v. Scotrail Railways Ltd ([1998] ScotCS 81) is a landmark decision...

Perth & Kinross Council v. Secretary of State for Scotland: Reaffirming the Primacy of Development Plans in Planning Decisions

Date: Nov 5, 1998

Perth & Kinross Council v. Secretary of State for Scotland: Reaffirming the Primacy of Development Plans in Planning Decisions Introduction Perth & Kinross Council v. Secretary of State for Scotland...

Commencement of Development under TCPSA 1972: East Dunbartonshire Council v. Secretary of State for Scotland [1998] ScotCS 46

Date: Nov 4, 1998

Commencement of Development under TCPSA 1972: East Dunbartonshire Council v. Secretary of State for Scotland [1998] ScotCS 46 Introduction The case of East Dunbartonshire Council v. Secretary of...

Judicial Review of Planning Permissions: Insights from Freeport Leisure v. West Lothian Council

Date: Nov 4, 1998

Judicial Review of Planning Permissions: Insights from Freeport Leisure v. West Lothian Council Introduction The case of Freeport Leisure plc v. West Lothian Council & Others ([1998] ScotCS 47)...

Osborne v. Matthan (No. 2): Primacy of Child Welfare in Custody Decisions

Date: May 13, 1998

Osborne v. Matthan (No. 2): Primacy of Child Welfare in Custody Decisions Introduction The case of Osborne v. Matthan (No. 2) ([1998] ScotCS CSIH_119) adjudicated by the Scottish Court of Session on...

Parens Patriae Jurisdiction in Medical Treatment Decisions: Comprehensive Commentary on Law Hospital NHS Trust v. Lord Advocate [1996]

Date: Mar 23, 1996

Parens Patriae Jurisdiction in Medical Treatment Decisions: Comprehensive Commentary on Law Hospital NHS Trust v. Lord Advocate [1996] Introduction The case of Law Hospital NHS Trust v. Lord Advocate...

Duty of Care in Employer-Employee Relationships: Insights from Robertson v. Forth Road Bridge Joint Board ([1995] ScotCS CSIH_1)

Date: Mar 3, 1995

Duty of Care in Employer-Employee Relationships: Insights from Robertson v. Forth Road Bridge Joint Board ([1995] ScotCS CSIH_1) Introduction Robertson v. Forth Road Bridge Joint Board ([1995] ScotCS...

Enforcing Positive Obligations via Interim Interdicts: Insights from Church Commissioners v. Abbey National (1994)

Date: Jul 16, 1994

Enforcing Positive Obligations via Interim Interdicts: Insights from Church Commissioners v. Abbey National (1994) Introduction Church Commissioners for England v. Abbey National ([1994] ScotCS...

Interpretation of "Obligation Relating to Land" under the Prescription and Limitation (Scotland) Act 1973: Insights from Barratt Scotland Ltd v Keith

Date: Dec 11, 1992

Interpretation of "Obligation Relating to Land" under the Prescription and Limitation (Scotland) Act 1973: Insights from Barratt Scotland Ltd v Keith Introduction Barratt Scotland Ltd v. Keith...

Kyle v. P & J Stormonth Darling: Establishing Liability for Loss of Legal Opportunity

Date: Aug 20, 1992

Kyle v. P & J Stormonth Darling: Establishing Liability for Loss of Legal Opportunity Introduction Kyle v. P & J Stormonth Darling ([1992] ScotCS CSIH_6) is a seminal case adjudicated by the Scottish...

Overruling Kaye v. Hunter: Competency of Appeals in Revocation of Firearm and Shotgun Certificates

Date: Aug 3, 1991

Overruling Kaye v. Hunter: Competency of Appeals in Revocation of Firearm and Shotgun Certificates Introduction In Rodenhurst v. Chief Constable of Grampian ([1991] ScotCS CSIH_5), the Scottish Court...

Crown Estate Commissioners v. Fairlie Yacht Slip Ltd: Precedent on Crown's Sea-bed Rights and Public Navigation

Date: Nov 11, 1978

Crown Estate Commissioners v. Fairlie Yacht Slip Ltd: Precedent on Crown's Sea-bed Rights and Public Navigation Introduction Crown Estate Commissioners v. Fairlie Yacht Slip Ltd ([1978] ScotCS...

Gibson v. Hunter Home Designs Ltd: Establishing the Non-Vesting of Property Rights Prior to Disposition Delivery in Winding Up Proceedings

Date: Nov 8, 1975

Gibson v. Hunter Home Designs Ltd: Establishing the Non-Vesting of Property Rights Prior to Disposition Delivery in Winding Up Proceedings Introduction Gibson v. Hunter Home Designs Ltd ([1975]...

Reinterpretation of "Industrial Building" under Section 271(1)(c) Income Tax Act 1952: Kilmarnock Equitable Co-operative Society v. Inland Revenue [1966]

Date: Feb 17, 1966

Kilmarnock Equitable Co-operative Society, Ltd. v. Inland Revenue ([1966] ScotCS TC_42_675) 1. Introduction The case of Kilmarnock Equitable Co-operative Society, Ltd. v. Inland Revenue ([1966]...

Establishing Binding Commercial Agreements in the Absence of Fixed Prices: Insights from R & J Dempster Ltd v. Motherwell Bridge and Engineering Co Ltd (1964)

Date: Jul 4, 1964

Establishing Binding Commercial Agreements in the Absence of Fixed Prices: Insights from R & J Dempster Ltd v. Motherwell Bridge and Engineering Co Ltd (1964) Introduction The case of R & J Dempster...