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  • Commentaries

Scotland Case Commentaries

Enhanced Procedural Fairness in Discharge of Probationary Constables: Insights from the Petition of XY [2024] CSOH 102

Enhanced Procedural Fairness in Discharge of Probationary Constables: Insights from the Petition of XY [2024] CSOH 102

Date: Nov 14, 2024
Enhanced Procedural Fairness in Discharge of Probationary Constables: Insights from the Petition of XY [2024] CSOH 102 Introduction The case, Petition of XY for Judicial Review ([2024] CSOH 102),...
Strengthening Child Welfare in Immigration Decisions: CD v Secretary of State for Home Department [2024] CSOH 101

Strengthening Child Welfare in Immigration Decisions: CD v Secretary of State for Home Department [2024] CSOH 101

Date: Nov 13, 2024
Strengthening Child Welfare in Immigration Decisions: CD v Secretary of State for Home Department [2024] CSOH 101 Introduction The case CD v Secretary of State for the Home Department [2024] CSOH...
Slater and Gordon UK LTD v Darknell-King: Establishing Tripartite Contractual Relationships and Refining Professional Negligence Standards

Slater and Gordon UK LTD v Darknell-King: Establishing Tripartite Contractual Relationships and Refining Professional Negligence Standards

Date: Nov 9, 2024
Slater and Gordon UK LTD v Darknell-King: Establishing Tripartite Contractual Relationships and Refining Professional Negligence Standards Introduction The case of Hayley Darknell-King against Slater...
Dale House Developments Ltd v Ronnie and Ryden LLP: Upholding Enhanced Standards for Independent Valuations in Property Development

Dale House Developments Ltd v Ronnie and Ryden LLP: Upholding Enhanced Standards for Independent Valuations in Property Development

Date: Nov 7, 2024
Dale House Developments Ltd v Ronnie and Ryden LLP: Upholding Enhanced Standards for Independent Valuations in Property Development Introduction Case Title: Dale House Developments Ltd against Brian...
Establishing the Relevant Date for Cohabitation Cessation: Insights from CD v ND (2024) CSOH 98

Establishing the Relevant Date for Cohabitation Cessation: Insights from CD v ND (2024) CSOH 98

Date: Nov 2, 2024
Establishing the Relevant Date for Cohabitation Cessation: Insights from CD v ND (2024) CSOH 98 Introduction The case of CD against ND (Court of Session) [2024] CSOH 98 is a landmark judicial...
Enforcement of Full and Frank Disclosure in Interim Judicial Factor Appointments: McAlister v Panda Rosa Metals [2024] CSOH 97

Enforcement of Full and Frank Disclosure in Interim Judicial Factor Appointments: McAlister v Panda Rosa Metals [2024] CSOH 97

Date: Nov 1, 2024
Enforcement of Full and Frank Disclosure in Interim Judicial Factor Appointments: McAlister v Panda Rosa Metals [2024] CSOH 97 Introduction The case of Rodney Vincent McAlister v Panda Rosa Metals...
Establishing Limits on Transferred Loss Claims in Scottish Contract Law: Analysis of Forthwell LTD v PontegaDEA (2024) CSIH 38

Establishing Limits on Transferred Loss Claims in Scottish Contract Law: Analysis of Forthwell LTD v PontegaDEA (2024) CSIH 38

Date: Nov 1, 2024
Establishing Limits on Transferred Loss Claims in Scottish Contract Law: Analysis of Forthwell LTD v PontegaDEA (2024) CSIH 38 Introduction The case of Forthwell LTD v PontegaDEA (2024) CSIH 38...
De Recenti Statements as Corroboration in Criminal Proceedings: Establishing New Precedent in Scottish Law

De Recenti Statements as Corroboration in Criminal Proceedings: Establishing New Precedent in Scottish Law

Date: Oct 31, 2024
De Recenti Statements as Corroboration in Criminal Proceedings: Establishing New Precedent in Scottish Law Introduction The case of References by His Majesty's Advocate against PG and JM ([2024]...
Reaffirmation of 'Exceptional Circumstances' Requirement for Private Prosecutions in Scottish Law

Reaffirmation of 'Exceptional Circumstances' Requirement for Private Prosecutions in Scottish Law

Date: Oct 30, 2024
Reaffirmation of 'Exceptional Circumstances' Requirement for Private Prosecutions in Scottish Law Introduction The case of AB against Paul Cooney ([2024] HCJAC 40) adjudicated by the Scottish High...
Concert of Actions in Homicide: Supreme Clarification in Gardiner and Anderson v HMA [2024] HCJAC 44

Concert of Actions in Homicide: Supreme Clarification in Gardiner and Anderson v HMA [2024] HCJAC 44

Date: Oct 30, 2024
Concert of Actions in Homicide: Supreme Clarification in Gardiner and Anderson v HMA [2024] HCJAC 44 Introduction The case of Gardiner and Anderson v Her Majesty's Advocate (HMA) [2024] HCJAC 44...
Establishing Standards for Group Proceedings Representation: Insights from Milligan v Jaguar Land Rover Automotive Plc [2024] CSOH 96

Establishing Standards for Group Proceedings Representation: Insights from Milligan v Jaguar Land Rover Automotive Plc [2024] CSOH 96

Date: Oct 30, 2024
Establishing Standards for Group Proceedings Representation: Insights from Milligan v Jaguar Land Rover Automotive Plc [2024] CSOH 96 Introduction The case of Steven Blair Milligan against Jaguar...
FES Ltd v HFD Construction Group Ltd: Establishing Notice Provisions as Conditions Precedent in Standard Building Contracts

FES Ltd v HFD Construction Group Ltd: Establishing Notice Provisions as Conditions Precedent in Standard Building Contracts

Date: Oct 26, 2024
FES Ltd v HFD Construction Group Ltd: Establishing Notice Provisions as Conditions Precedent in Standard Building Contracts Introduction The case of FES Ltd against HFD Construction Group Ltd ([2024]...
Reevaluation of Concurrent Sentencing in Cases of Multiple Sexual and Domestic Offences: RMG v HMA [2024] HCJAC 41

Reevaluation of Concurrent Sentencing in Cases of Multiple Sexual and Domestic Offences: RMG v HMA [2024] HCJAC 41

Date: Oct 26, 2024
Reevaluation of Concurrent Sentencing in Cases of Multiple Sexual and Domestic Offences: RMG v HMA [2024] HCJAC 41 Introduction The case of RMG v HMA [2024] HCJAC 41 presents a significant judicial...
Balancing Article 8 ECHR Rights with Public Interest in Extradition: High Court of Justiciary's Decision in RF v Lord Advocate [2024] HCJAC 46

Balancing Article 8 ECHR Rights with Public Interest in Extradition: High Court of Justiciary's Decision in RF v Lord Advocate [2024] HCJAC 46

Date: Oct 26, 2024
Balancing Article 8 ECHR Rights with Public Interest in Extradition: High Court of Justiciary's Decision in RF v Lord Advocate [2024] HCJAC 46 Introduction The case of RF v Lord Advocate representing...
Strict Enforcement of Listed Building Consent: Insights from Saqib Deen v Scottish Ministers [2024] CSIH 35

Strict Enforcement of Listed Building Consent: Insights from Saqib Deen v Scottish Ministers [2024] CSIH 35

Date: Oct 25, 2024
Strict Enforcement of Listed Building Consent: Insights from Saqib Deen v Scottish Ministers [2024] CSIH 35 Introduction The case of Saqib Deen, trading as Apex Services against the Scottish...
Establishing Liability Under the Third Parties (Rights against Insurers) Act 2010: Insights from Reclaiming Motion in Scotland Gas Networks Plc v QBE UK Ltd [2024] CSIH 36

Establishing Liability Under the Third Parties (Rights against Insurers) Act 2010: Insights from Reclaiming Motion in Scotland Gas Networks Plc v QBE UK Ltd [2024] CSIH 36

Date: Oct 25, 2024
Establishing Liability Under the Third Parties (Rights against Insurers) Act 2010: Insights from Reclaiming Motion in Scotland Gas Networks Plc v QBE UK Ltd [2024] CSIH 36 Introduction The case of...
Limits of Supervisory Jurisdiction in Contractual Relationships: Redcroft Care Homes Ltd v City of Edinburgh Council

Limits of Supervisory Jurisdiction in Contractual Relationships: Redcroft Care Homes Ltd v City of Edinburgh Council

Date: Oct 24, 2024
Limits of Supervisory Jurisdiction in Contractual Relationships: Redcroft Care Homes Ltd v City of Edinburgh Council Introduction The case of Redcroft Care Homes Ltd v City of Edinburgh Council...
Standards for Deserting Trials Involving Vulnerable Defendants: Analysis of [2024] HCJAC 45

Standards for Deserting Trials Involving Vulnerable Defendants: Analysis of [2024] HCJAC 45

Date: Oct 24, 2024
Establishing Standards for Deserting Trials Involving Vulnerable Defendants: Insights from [2024] HCJAC 45 Introduction The case of Daniel Alexander Robertson versus His Majesty's Advocate presents...
SN v JN [2024] CSIH 33: Rape Allegations Considered Justiciable in Scottish Family Proceedings

SN v JN [2024] CSIH 33: Rape Allegations Considered Justiciable in Scottish Family Proceedings

Date: Oct 18, 2024
SN v JN [2024] CSIH 33: Rape Allegations Considered Justiciable in Scottish Family Proceedings Introduction The case SN against JN (Court of Session) [2024] CSIH 33 addresses critical issues...
Duty of Care in Social Settings: Reclaiming Motion by Finlayson et al. vs. Alban Wine LTD et al.

Duty of Care in Social Settings: Reclaiming Motion by Finlayson et al. vs. Alban Wine LTD et al.

Date: Oct 10, 2024
Duty of Care in Social Settings: Reclaiming Motion by Finlayson et al. vs. Alban Wine LTD et al. Introduction The case of Reclaiming Motion by Roderick Finlayson and others against Alban Wine LTD and...
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