Scotland Case Commentaries

Exclusion of Supervening Factors in Workers’ Compensation Arbitration – Jamieson v. Fife Coal Co., Ltd.

Date: Jun 21, 1903

Exclusion of Supervening Factors in Workers’ Compensation Arbitration – Jamieson v. Fife Coal Co., Ltd. Introduction The case of Jamieson v. Fife Coal Co., Ltd. ([1903] SLR 40_704) is a seminal...

Negligence in Medical Treatment and Termination of Workmen's Compensation: Dowds v. Bennie & Son (1902)

Date: Dec 20, 1902

Negligence in Medical Treatment and Termination of Workmen's Compensation: Dowds v. Bennie & Son (1902) Introduction Dowds v. Bennie & Son ([1902] SLR 40_239) is a landmark case adjudicated by the...

Steel v. Oakbank Oil Co., Ltd: Jurisdiction Over Retroactive Review of Workmen's Compensation

Date: Dec 17, 1902

Steel v. Oakbank Oil Co., Ltd: Jurisdiction Over Retroactive Review of Workmen's Compensation Introduction Steel v. Oakbank Oil Co., Ltd ([1902] SLR 40_205) is a seminal case adjudicated by the...

Liability of Property Owners for Dangerous Conditions: Insights from Devlin v. Jeffray's Trustees

Date: Nov 19, 1902

Liability of Property Owners for Dangerous Conditions: Insights from Devlin v. Jeffray's Trustees Introduction Devlin v. Jeffray's Trustees ([1902] SLR 4092) is a pivotal case adjudicated by the...

Acceleration of Death through Employer-Induced Injury: Golder v. Caledonian Railway Co. (1902)

Date: Nov 15, 1902

Acceleration of Death through Employer-Induced Injury: Golder v. Caledonian Railway Co. (1902) Introduction Golder v. Caledonian Railway Co. ([1902] SLR 40_89) is a landmark decision by the Scottish...

Employment Boundaries under the Workmen's Compensation Act 1897: Insights from Caton v. The Summerlee and Mossend Iron and Steel Co., Ltd (1902)

Date: Jul 12, 1902

Employment Boundaries under the Workmen's Compensation Act 1897: Insights from Caton v. The Summerlee and Mossend Iron and Steel Co., Ltd (1902) Introduction The case of Caton v. The Summerlee and...

Cunningham v. Skinner (1902): Res Judicata, Mora, and the Requirement of Malice in Slander Claims

Date: Jun 20, 1902

Cunningham v. Skinner (1902): Res Judicata, Mora, and the Requirement of Malice in Slander Claims Introduction Cunningham v. Skinner ([1902] SLR 39_727) is a landmark case adjudicated by the Scottish...

Reinterpreting 'Average Weekly Earnings' in Workmen's Compensation: Grewar v. Caledonian Railway Co. (1902)

Date: Jun 20, 1902

Reinterpreting 'Average Weekly Earnings' in Workmen's Compensation: Grewar v. Caledonian Railway Co. (1902) Introduction The case of Grewar v. Caledonian Railway Co. ([1902] SLR 39_687) stands as a...

Postponement of Vesting in Trust Estates: Parlane's Trustees v. Parlane (1902)

Date: May 18, 1902

Postponement of Vesting in Trust Estates: Parlane's Trustees v. Parlane (1902) Introduction Parlane's Trustees v. Parlane ([1902] SLR 39_632) is a seminal case adjudicated by the Scottish Court of...

Validity of Liferent Restrictions in Trust Appointments: Neill's Trustees v. Neill [1902]

Date: Mar 8, 1902

Validity of Liferent Restrictions in Trust Appointments: Neill's Trustees v. Neill [1902] Introduction Neill's Trustees v. Neill ([1902] SLR 39_426) is a seminal case decided by the Scottish Court of...

Entitlement to Legal Expenses in Successive Trials: M'Quilkin v. The Glasgow District Subway Co.

Date: Jan 25, 1902

Entitlement to Legal Expenses in Successive Trials: M'Quilkin v. The Glasgow District Subway Co. ([1902] SLR 39_328) Introduction Parties Involved: Mrs. Sarah M'Corkindale or M'Quilkin (Pursuer) vs....

Dunlop v. Rankin & Blackmore (1901): Establishing the Binding Nature of Compensation Agreements under the Workmen's Compensation Act 1897

Date: Nov 28, 1901

Dunlop v. Rankin & Blackmore (1901): Establishing the Binding Nature of Compensation Agreements under the Workmen's Compensation Act 1897 Introduction Dunlop v. Rankin & Blackmore ([1901] SLR 39_146)...

Non-Appealability of Sheriff's Decisions on Memorandum Registrations under the Workmen's Compensation Act 1897

Date: Nov 27, 1901

Non-Appealability of Sheriff's Decisions on Memorandum Registrations under the Workmen's Compensation Act 1897 Introduction The case of Cammick v. The Glasgow Iron and Steel Co., Ltd ([1901] SLR...

Pumpherston Oil Co. Ltd v. Wilson (1901) SLR 38_830: Deduction of Maintenance Costs in Poor Rate Assessments

Date: Jul 20, 1901

Pumpherston Oil Co. Ltd v. Wilson (1901) SLR 38_830: Deduction of Maintenance Costs in Poor Rate Assessments Introduction Pumpherston Oil Co., Ltd v. Wilson ([1901] SLR 38_830) is a pivotal case...

Reinforcing the Necessity of Demonstrating Malice in Defamation Claims under Privileged Circumstances: Macdonald v. M'Coll [1901]

Date: Jul 19, 1901

Reinforcing the Necessity of Demonstrating Malice in Defamation Claims under Privileged Circumstances: Macdonald v. M'Coll [1901] Introduction The case of Macdonald v. M'Coll ([1901] SLR 38_781) is a...

Assumption of Risk in Tenancy: The Landmark Decision in M'Manus v. Armour (1901)

Date: Jul 11, 1901

Assumption of Risk in Tenancy: The Landmark Decision in M'Manus v. Armour (1901) Introduction The case of M'Manus v. Armour ([1901] SLR 38_791) is a seminal decision rendered by the Scottish Court of...

Withholding Rent for Non-Habitable Premises: M'Donald v. Kydd Commentary

Date: Jun 15, 1901

Withholding Rent for Non-Habitable Premises: M'Donald v. Kydd Commentary Introduction The case of M'Donald v. Kydd ([1901] SLR 38_697) adjudicated by the Scottish Court of Session on June 14, 1901,...

Duty of Employers to Ensure Safety of Their Premises: Innes v. Fife Coal Co., Ltd. (1901)

Date: Jan 11, 1901

Duty of Employers to Ensure Safety of Their Premises: Innes v. Fife Coal Co., Ltd. (1901) Introduction The case of Innes v. Fife Coal Co., Ltd. ([1901] SLR 38_239) is a landmark decision rendered by...

Cadzow Coal Co. v. Gaffney: Establishing Criteria for Average Weekly Earnings Under the Workmen's Compensation Act 1897

Date: Nov 7, 1900

Cadzow Coal Co. v. Gaffney: Establishing Criteria for Average Weekly Earnings Under the Workmen's Compensation Act 1897 Introduction Cadzow Coal Co., Ltd v. Gaffney ([1900] SLR 38_40) is a landmark...

Allocation of Legal Expenses Among Co-defendants: Insights from Mackintosh v Galbraith and Arthur

Date: Nov 7, 1900

Allocation of Legal Expenses Among Co-defendants: Insights from Mackintosh v Galbraith and Arthur Introduction Mackintosh v Galbraith and Arthur ([1900] SLR 38_53) is a significant case adjudicated...