Tailored SHPOs for Child-Grooming Risk: Incidental-Contact Carve‑Out and Digital-Device Controls; English Guidelines Only as a Cross‑Check 1. Introduction His Majesty's Advocate appealed to the...
Positive Acts of “Grooming” and Introduction to Adult Venues May Bring Subsequent Third‑Party Sexual Abuse Within the Scope of Duty (Relevancy at Debate) Case: JWE v LGBT Youth Scotland (Court of...
DBAK v The Governors of the Fettes Trust: Patrimonial Loss for Childhood Sexual Abuse Requires Proof of a But‑For Career Path, Not Aspirational Reconstruction Court: Scottish Court of Session (Outer...
Section 22(4) 1973 Act: Jury Trial Bar Applies Only Where the Pursuer Relies on Section 17(2)(b) or 18(2)(b) (Not Merely Because the Deceased Would Have Needed Section 17(2)(b)) 1) Introduction...
Assignation Transfers Rights, Not the Assignor’s Liability: Limits of “assignatus utitur” and the Preconditions for Rescission Case: Lorna McLean against Elderbridge Ltd (Court of Session, Outer...
POCA s303Z18 Compensation: “Exceptional Circumstances” as a High Threshold Protecting Properly-Made Account Freezing Orders 1. Introduction The Advocate General for Scotland v Alexander Watt...
Undue Leniency and Extended Sentences: “Bell” Deference, Guideline Flexibility, and Scrutiny of Risk Assessments 1. Introduction His Majesty’s Advocate v Michael Patrick Harvey ([2026] HCJAC 3) is a...
Age-Assessment Judicial Review Not Academic Where the Finding May Have Ongoing Practical Consequences 1. Introduction Dastan Ibrahimi against Glasgow City Council ([2026] CSIH 4) is an Inner House...
OLR/RAO in Crown Sentence Appeals: The risk criteria must be evidenced by (and linked to) the qualifying offence, not by psychological harm hypothesised from non‑qualifying dishonesty Case: Crown...
Asylum Claims Rarely Justify Adjournment of Extradition Appeals: Section 39(3) Stays Removal Without Staying the Appeal Introduction This decision of the Appeal Court, High Court of Justiciary...
UKSC Rating Decisions Do Not Constitute a Scottish “Material Change of Circumstances” (and Cardtronics Is Not a New-Valuation-Principle Trigger) 1) Introduction This Lands Valuation Appeal Court...
Limits of Government “Comfort Letter” Liability: No Assumed Responsibility to Disclose Regulatory Approval Risks Introduction Court: Outer House, Court of Session (Commercial Action) Judge: Lord...
Rule 55 Limits Post‑Draft Representations: New Issues Cannot Be Introduced to Found a Rule 68(2)(c) “Serious Irregularity” Appeal 1. Introduction In Arbitration No.1 of 2025 ([2026] CSOH 2), Lord...
Habile Title and Multi-Level Plans: Inset Plans and “As Presently Occupied” Can Found Prescription and Register Rectification 1. Introduction Elizabeth Pirnie against Douglas Rarity (Court of...
Six-Year-Old’s Objection Considered but Given Little Weight Where Influenced; Prompt Return Ordered Despite Consent-to-Travel History 1. Introduction Petition of IK ([2025] CSOH 123, Lord Braid,...
Fair-Notice Pleadings Interrupt Quinquennium; Consequential-Loss Hold-Harmless Clauses Exclude Profit Claims Only Within the Contract’s Own Performance Sphere Case: Pipeline Cleaning Solutions LTD...
Fresh Evidence, Alleged Collusion and the “Reasonable Jury” Test in Sexual Offence Appeals: Commentary on Kyle Kernachan v HM Advocate [2025] HCJAC 54 1. Introduction This decision of the Appeal...
Continuing Wrongful Retention and Limits on Article 13(b) Defences under the Hague Convention: Commentary on HL v LL [2025] CSIH 32 1. Introduction This commentary analyses the decision of the Extra...
Primacy of Common Habitual Residence under Rome II in UK Cross-Border Torts: Commentary on Popa v XDP Ltd [2025] CSOH 119 1. Introduction The decision of Lord Uist in Lacramioara Popa and others v...
KYC Formalities Do Not, Without Clear Intention, Make an Instructing Law Firm Personally Liable for Fees Commentary on DAC Beachcroft Claims (Scotland) Ltd v Mohammed Al Dahbashi Advocates, [2025]...