Scotland Case Commentaries

Campbell's Trustees v. O'Neill (1910): Establishing the Incompetency of Appeals in Summary Removal Actions under the Sheriff Courts (Scotland) Act 1907

Date: Dec 1, 1910

Campbell's Trustees v. O'Neill (1910): Establishing the Incompetency of Appeals in Summary Removal Actions under the Sheriff Courts (Scotland) Act 1907 Introduction Campbell's Trustees v. O'Neill...

Establishing 'In the Course of Employment' in Workmen’s Compensation: Sneddon v. Greenfield Coal and Brick Co. [1910]

Date: Feb 11, 1910

Establishing 'In the Course of Employment' in Workmen’s Compensation: Sneddon v. Greenfield Coal and Brick Co. [1910] Introduction Sneddon and Others v. The Greenfield Coal and Brick Co., Ltd....

Warrant Registration under the Workmen's Compensation Act 1906: Insights from M'Ewan v. William Baird & Co., Ltd. [1910] SLR 430

Date: Feb 11, 1910

Warrant Registration under the Workmen's Compensation Act 1906: Insights from M'Ewan v. William Baird & Co., Ltd. [1910] SLR 430 1. Introduction The case M'Ewan v. William Baird & Co., Ltd. ([1910]...

Dinnie v. Hengler (1909): Establishing Malice in Employer-Implicated Slander Claims

Date: Oct 16, 1909

Dinnie v. Hengler (1909): Establishing Malice in Employer-Implicated Slander Claims Introduction Dinnie v. Hengler ([1909] SLR 1) is a seminal case adjudicated by the Scottish Court of Session on...

Determining the Effective Date of Compensation Termination in Workmen's Compensation Cases: Donaldson Brothers v. Cowan

Date: Jul 17, 1909

Determining the Effective Date of Compensation Termination in Workmen's Compensation Cases: Donaldson Brothers v. Cowan ([1909] SLR 920_1) Introduction The case of Donaldson Brothers v. Cowan ([1909]...

Duty of Property Owners Regarding Trespassers and Fencing of Dangerous Premises: The Holland v. District Committee Case

Date: Jun 11, 1909

Duty of Property Owners Regarding Trespassers and Fencing of Dangerous Premises: The Holland v. District Committee Case Introduction The case of Holland v. District Committee of the Middle Ward of...

Determining Employer Liability from Circumstantial Evidence in Seamen's Compensation: Mackinnon v. Miller [1909]

Date: Jan 13, 1909

Determining Employer Liability from Circumstantial Evidence in Seamen's Compensation: Mackinnon v. Miller [1909] Introduction Mackinnon v. Miller ([1909] SLR 299) is a landmark case adjudicated by...

Establishing Fee Rights in Trusts: Mackenzie's Trustees v. Kilmarnock's Trustees and Others (1908)

Date: Dec 5, 1908

Establishing Fee Rights in Trusts: Mackenzie's Trustees v. Kilmarnock's Trustees and Others (1908) Introduction The case of Mackenzie's Trustees v. Kilmarnock's Trustees and Others ([1908] SLR 217)...

Recompense Without Formal Contract: Insights from Edinburgh and District Tramways Co. v. Courtenay [1908]

Date: Oct 30, 1908

Recompense Without Formal Contract: Insights from Edinburgh and District Tramways Co. v. Courtenay [1908] Introduction The case Edinburgh and District Tramways Co., Ltd v. Courtenay ([1908] SLR 102)...

Defining 'Arising Out Of' Employment: O'Brien v. The Star Line, Ltd (1908)

Date: Jul 19, 1908

Defining 'Arising Out Of' Employment: O'Brien v. The Star Line, Ltd (1908) Introduction O'Brien and Another v. The Star Line, Ltd ([1908] SLR 935) is a landmark case adjudicated by the Scottish Court...

Stevenson v. Glasgow Corporation (1908): Limited Duty of Care for Natural Water Features in Public Parks

Date: Jul 3, 1908

Stevenson v. Glasgow Corporation (1908): Limited Duty of Care for Natural Water Features in Public Parks 1. Introduction Stevenson v. Glasgow Corporation ([1908] SLR 860) is a landmark case decided...

Employer Liability for Slanderous Statements in the Course of Employment: Finburgh v. Moss' Empires Ltd (1908)

Date: Jun 10, 1908

Employer Liability for Slanderous Statements in the Course of Employment: Finburgh v. Moss' Empires Ltd (1908) Introduction The case of Finburgh v. Moss' Empires Ltd ([1908] ScotCS CSIH_4)...

Refusal of Reasonable Medical Treatment Leads to Forfeiture of Compensation: Donnelly v. William Baird & Co., Ltd. [1908] SLR 394

Date: Feb 2, 1908

Refusal of Reasonable Medical Treatment Leads to Forfeiture of Compensation: Donnelly v. William Baird & Co., Ltd. [1908] SLR 394 Introduction In the landmark case of Donnelly v. William Baird & Co.,...

Black v North British Railway Co. [1908]: Preserving the Consideration of Negligence in Damages Assessment

Date: Jan 19, 1908

Black v North British Railway Co. [1908]: Preserving the Consideration of Negligence in Damages Assessment Introduction The case of Black and Others v. North British Railway Co. ([1908] SLR 340) was...

Supremacy of Statutory Remedies in Workmen's Compensation: Fife Coal Co. Ltd v. Lindsay [1908] SLR 317

Date: Jan 18, 1908

Supremacy of Statutory Remedies in Workmen's Compensation: Fife Coal Co. Ltd v. Lindsay [1908] SLR 317 Introduction The case of Fife Coal Co., Ltd v. Lindsay ([1908] SLR 317) stands as a pivotal...

Independent Pursuers Must Sue Separately: Established in Paxton and Others v. Brown [1908] SLR 323

Date: Jan 15, 1908

Independent Pursuers Must Sue Separately: Established in Paxton and Others v. Brown [1908] SLR 323 Introduction The case of Paxton and Others v. Brown ([1908] SLR 323) addressed pivotal issues...

Invalid Exercise of Apportionment Power in Antenuptial Contracts: Insights from Dick's Trustees v. Cameron and Others (1907)

Date: Jun 7, 1907

Invalid Exercise of Apportionment Power in Antenuptial Contracts: Insights from Dick's Trustees v. Cameron and Others (1907) Introduction Dick's Trustees v. Cameron and Others ([1907] SLR 753) is a...

Establishing the Non-Applicability of Accretion in Equal Legacy Shares: Commentary on Paxton's Trustees v. Cowie

Date: Jun 1, 1907

Establishing the Non-Applicability of Accretion in Equal Legacy Shares: Commentary on Paxton's Trustees v. Cowie Introduction The case of Paxton's Trustees v. Cowie ([1886] ScotCS CSIH_1) adjudicated...

Fraudulent Trade Practices Disqualify Equitable Remedies: Bile Bean Manufacturing Co. v. Davidson (1906)

Date: Jul 21, 1906

Fraudulent Trade Practices Disqualify Equitable Remedies: Bile Bean Manufacturing Co. v. Davidson (1906) Introduction Bile Bean Manufacturing Co. v. Davidson ([1906] SLR 43_827) is a landmark case...

Affirmation of Strong Presumption in Exercise of Appointment Powers under Wills Act 1837: Bray v. Peterkin and Others [1906] SLR 43_746

Date: Jul 20, 1906

Affirmation of Strong Presumption in Exercise of Appointment Powers under Wills Act 1837 Bray and Others v. Peterkin (Bruce's Trustee) and Others ([1906] SLR 43_746) Introduction Bray and Others v....