Commentaries

Scotland Case Commentaries

Implied Servitudes Require Necessity: Analysis of Gow’s Trustees v. Mealls

Date: May 29, 1875

Implied Servitudes Require Necessity: Analysis of Gow’s Trustees v. Mealls Introduction Gow's Trustees v. Mealls ([1875] SLR 12_458) is a landmark case adjudicated by the Scottish Court of Session on...

Unilateral Resumption of Colliery Lease by Landlord: Houldsworth v Brand's Trustees [1875] SLR 12450

Date: May 19, 1875

Unilateral Resumption of Colliery Lease by Landlord: Houldsworth v Brand's Trustees [1875] SLR 12450 Introduction Houldsworth v. Brand's Trustees ([1875] SLR 12450) is a pivotal case adjudicated by...

Tenant Liability for Structural Deficiencies in Leased Premises: Caledonian Railway Co. v. Greenock Sacking Co. & Clyde Sugar Refining Co. (1875)

Date: May 14, 1875

Tenant Liability for Structural Deficiencies in Leased Premises: Caledonian Railway Co. v. Greenock Sacking Co. & Clyde Sugar Refining Co. (1875) Introduction The case of Caledonian Railway Co. v....

Admissions and Liability under the Poor Law: Analyzing Beattie v. Arbuckle (1875)

Date: Jan 16, 1875

Admissions and Liability under the Poor Law: Analyzing Beattie v. Arbuckle (1875) Introduction Beattie v. Arbuckle ([1875] SLR 12_210) is a seminal case adjudicated by the Scottish Court of Session...

Henderson v. Wallace (1875): Affirming Competency of Poinding the Ground for Heritable Creditors in Possession under Maills and Duties

Date: Jan 8, 1875

Henderson v. Wallace (1875): Affirming Competency of Poinding the Ground for Heritable Creditors in Possession under Maills and Duties Introduction Henderson v. Wallace and Others ([1875] SLR 12_174)...

Alimentary Obligations to Posthumous Children Overrule Trust Deeds: Spalding v. Spalding's Trustees [1874] SLR 12_169_1

Date: Dec 19, 1874

Alimentary Obligations to Posthumous Children Overrule Trust Deeds: Spalding v. Spalding's Trustees [1874] SLR 12_169_1 Introduction Spalding v. Spalding's Trustees ([1874] SLR 12_169_1) is a...

Petrie v. Forsyth (1874) SLR 12_157: Establishing the Duty of Diligence for Second Purchasers

Date: Dec 18, 1874

Petrie v. Forsyth ([1874] SLR 12_157): Establishing the Duty of Diligence for Second Purchasers Introduction Petrie v. Forsyth is a landmark case decided by the Scottish Court of Session on December...

Limits on Trustee Recompense for Expenditures in Sequestrated Estates: Buchanan v. Stewart [1874]

Date: Nov 11, 1874

Limits on Trustee Recompense for Expenditures in Sequestrated Estates: Buchanan v. Stewart [1874] Introduction Buchanan v. Stewart ([1874] SLR 12_43_1) is a pivotal case adjudicated by the Scottish...

Affirmation of Testamentary Capacity and Protection Against Fraud in Scottish Law: Munro v. Strain (1874)

Date: Jun 19, 1874

Affirmation of Testamentary Capacity and Protection Against Fraud in Scottish Law: Munro v. Strain (1874) Introduction The case of Munro and Others v. Strain and Others ([1874] SLR 11_583)...

Residuary Estates and Contingent Legacies: Insights from Cook and Others v. Gray and Others (1874)

Date: May 30, 1874

Residuary Estates and Contingent Legacies: Insights from Cook and Others v. Gray and Others (1874) Introduction The case of Cook and Others (Storie's Trustees) v. Gray and Others ([1874] SLR 11_552)...

Authority and Dominus Litis in Filiation and Aliment Actions: Insights from Hepburn v. Tait (1874)

Date: May 13, 1874

Authority and Dominus Litis in Filiation and Aliment Actions: Insights from Hepburn v. Tait (1874) Introduction Hepburn v. Tait ([1874] SLR 11_502) is a landmark case adjudicated by the Scottish...

Trade Union Internal Benefit Decisions Protected from Civil Court Enforcement: Shanks v. United Operative Masons Association of Scotland (1874)

Date: Mar 11, 1874

Trade Union Internal Benefit Decisions Protected from Civil Court Enforcement: Shanks v. United Operative Masons Association of Scotland (1874) Introduction The case of Shanks v. United Operative...

M'Lean & Co. v. Turnbull [1874]: Contractual Breach and Right to Terminate

Date: Mar 6, 1874

M'Lean & Co. v. Turnbull [1874]: Contractual Breach and Right to Terminate 1. Introduction The case of M'Lean & Co. v. Turnbull ([1874] SLR 11_319) adjudicated by the Scottish Court of Session on...

Magistrates’ Power to Alter Licensing Hours Restricted to Specific Localities: Ashley v. The Magistrates of Rothesay (1873)

Date: Jun 21, 1873

Magistrates’ Power to Alter Licensing Hours Restricted to Specific Localities: Ashley and others v. The Magistrates of Rothesay (1873) Introduction Ashley and others v. The Magistrates of Rothesay is...

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