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  • Commentaries

Scotland Case Commentaries

Derivative Settlements and Parochial Liability for Lunatic Cases: Palmer v. Russell and Others (1871)

Derivative Settlements and Parochial Liability for Lunatic Cases: Palmer v. Russell and Others (1871)

Date: Dec 2, 1871
Derivative Settlements and Parochial Liability for Lunatic Cases: Palmer v. Russell and Others ([1871] SLR 9_134) Introduction Palmer v. Russell and Others is a seminal case adjudicated by the...
Calder v. Stevens: Affirming the Legitimacy of Racing Prizes over Gambling Debt Claims

Calder v. Stevens: Affirming the Legitimacy of Racing Prizes over Gambling Debt Claims

Date: Jul 9, 1871
Calder v. Stevens: Affirming the Legitimacy of Racing Prizes over Gambling Debt Claims Introduction Calder v. Stevens ([1871] SLR 8_636) is a landmark case adjudicated by the Scottish Court of...
Mutual Enforcement of Feu-Deed Building Restrictions: The Precedent Set by Alexander v. Stobo and Miller (1871)

Mutual Enforcement of Feu-Deed Building Restrictions: The Precedent Set by Alexander v. Stobo and Miller (1871)

Date: Mar 4, 1871
Mutual Enforcement of Feu-Deed Building Restrictions: The Precedent Set by Alexander v. Stobo and Miller (1871) Introduction Alexander and Others v. Stobo and Miller ([1871] SLR 8_390_1) is a...
Manson v. Smith (1871) SLR 8346: Nullity of Summons by Court Officer

Manson v. Smith (1871) SLR 8346: Nullity of Summons by Court Officer

Date: Feb 9, 1871
Manson v. Smith (1871) SLR 8346: Nullity of Summons Issued by a Court Officer Introduction Case Citation: Manson v. Smith ([1871] SLR 8346) Court: Scottish Court of Session Date: February 8, 1871...
Recompense for Bona Fide Improvements in Succession Law: Insights from Fernie v. Robertson (1871)

Recompense for Bona Fide Improvements in Succession Law: Insights from Fernie v. Robertson (1871)

Date: Jan 20, 1871
Recompense for Bona Fide Improvements in Succession Law: Insights from Fernie v. Robertson (1871) Introduction Fernie v. Robertson ([1871] SLR 8_317) is a landmark case adjudicated by the Scottish...
Grant v. Caledonian Railway Co. [1870]: Contributory Negligence and Shared Liability in Railway Level Crossing Accidents

Grant v. Caledonian Railway Co. [1870]: Contributory Negligence and Shared Liability in Railway Level Crossing Accidents

Date: Dec 11, 1870
Grant v. Caledonian Railway Co. [1870]: Contributory Negligence and Shared Liability in Railway Level Crossing Accidents Introduction The case of Grant v. Caledonian Railway Co. ([1870] SLR 8192) was...
Drew v. Drew (1870) SLR 8_134: Alimentary Provisions and Creditor Rights

Drew v. Drew (1870) SLR 8_134: Alimentary Provisions and Creditor Rights

Date: Nov 18, 1870
Drew v. Drew (1870) SLR 8_134: Alimentary Provisions and Creditor Rights Introduction Drew v. Drew ([1870] SLR 8_134) is a landmark case adjudicated by the Scottish Court of Session on November 17,...
Orr's Trustee v. Tullis (1870): Establishing Principles for Transfer of Moveable Property and Intangible Rights

Orr's Trustee v. Tullis (1870): Establishing Principles for Transfer of Moveable Property and Intangible Rights

Date: Jul 13, 1870
Orr's Trustee v. Tullis (1870): Establishing Principles for Transfer of Moveable Property and Intangible Rights Introduction Orr's Trustee v. Tullis ([1870] SLR 7_625) is a landmark decision by the...
Interpretation of 'Effects' in Wills: Excluding Heritable Estate – Pitcairn v. Pitcairn (1870)

Interpretation of 'Effects' in Wills: Excluding Heritable Estate – Pitcairn v. Pitcairn (1870)

Date: Feb 25, 1870
Interpretation of 'Effects' in Wills: Excluding Heritable Estate Pitcairn v. Pitcairn ([1870] SLR 7_329) Scottish Court of Session | 24th February 1870 Introduction The case of Pitcairn v. Pitcairn...
Expansion of Relief Clauses in Feu-Contracts: Preston v. Magistrates of Edinburgh (1870)

Expansion of Relief Clauses in Feu-Contracts: Preston v. Magistrates of Edinburgh (1870)

Date: Feb 5, 1870
Expansion of Relief Clauses in Feu-Contracts: Preston v. Magistrates of Edinburgh (1870) Introduction The case of Preston and Others v. Magistrates of Edinburgh ([1870] SLR 7_291) stands as a pivotal...
Authority to Suspend Operations under the General Police and Improvement (Scotland) Act 1862

Authority to Suspend Operations under the General Police and Improvement (Scotland) Act 1862

Date: Dec 8, 1869
Authority to Suspend Operations under the General Police and Improvement (Scotland) Act 1862 Introduction The case of The Lord Advocate v. Police Commissioners of Perth ([1869] SLR 7_147) presents a...
Enforceability of Building Restrictions: The Gould v. M'Corquodale Precedent

Enforceability of Building Restrictions: The Gould v. M'Corquodale Precedent

Date: Nov 25, 1869
Enforceability of Building Restrictions: The Gould v. M'Corquodale Precedent Introduction Gould v. M'Corquodale ([1869] SLR 7_108) is a landmark case adjudicated by the Scottish Court of Session on...
Enhancing Property Rights in Reclaimed Land: Hunter v. Lord Advocate (1869)

Enhancing Property Rights in Reclaimed Land: Hunter v. Lord Advocate (1869)

Date: Jun 26, 1869
Enhancing Property Rights in Reclaimed Land: Hunter v. Lord Advocate (1869) Introduction Hunter v. Lord Advocate And Others ([1869] SLR 6_593) is a landmark case decided by the Scottish Court of...
Proceeds of Life Insurance Policies as Part of the Deceased's Estate - Smith v. Kerr and Smith (1869)

Proceeds of Life Insurance Policies as Part of the Deceased's Estate - Smith v. Kerr and Smith (1869)

Date: Jun 5, 1869
Proceeds of Life Insurance Policies as Part of the Deceased's Estate Introduction Smith v. Kerr and Smith ([1869] SLR 6_546_1) is a seminal case adjudicated by the Scottish Court of Session on June...
Goldston v. Young (1868): Reinforcement of Probative Requirements in Contracts for Sale of Heritage

Goldston v. Young (1868): Reinforcement of Probative Requirements in Contracts for Sale of Heritage

Date: Dec 9, 1868
Goldston v. Young (1868): Reinforcement of Probative Requirements in Contracts for Sale of Heritage Introduction Goldston v. Young ([1868] SLR 6_158_1) is a landmark case adjudicated by the Scottish...
Acquiescence in Feu-Contract Conditions Bars Enforcement: Campbell v. The Clydesdale Banking Co. (1868)

Acquiescence in Feu-Contract Conditions Bars Enforcement: Campbell v. The Clydesdale Banking Co. (1868)

Date: Jun 20, 1868
Acquiescence in Feu-Contract Conditions Bars Enforcement Introduction Campbell v. The Clydesdale Banking Co. ([1868] SLR 5_608) is a pivotal case decided by the Scottish Court of Session on June 19,...
Laurent v. Lord Advocate: Establishing the Necessity of Culpa in Property Damage Claims

Laurent v. Lord Advocate: Establishing the Necessity of Culpa in Property Damage Claims

Date: Mar 7, 1868
Laurent v. Lord Advocate: Establishing the Necessity of Culpa in Property Damage Claims Introduction Laurent v. Lord Advocate ([1868] SLR 6_411) is a seminal case adjudicated by the Scottish Court of...
Pearce Brothers v. Irons: Liability for Defective Machinery Post-Payment

Pearce Brothers v. Irons: Liability for Defective Machinery Post-Payment

Date: Feb 26, 1868
Pearce Brothers v. Irons: Liability for Defective Machinery Post-Payment Introduction Pearce Brothers v. Irons ([1868] SLR 6_372) is a landmark case adjudicated by the Scottish Court of Session on...
Legal Commentary on Alexander v. Bridge Of Allan Water Co. (1868)

Legal Commentary on Alexander v. Bridge Of Allan Water Co. (1868)

Date: Feb 6, 1868
Alexander v. Bridge Of Allan Water Co. (1868): Defining the Limits of Arbitral Authority in Statutory Contexts Introduction The case of Alexander v. Bridge Of Allan Water Co. ([1868] SLR 6_308)...
Moncrieff v Ross (1868): Defining Continuous Residence and Settlement Acquisition under the Poor-Law Amendment Act

Moncrieff v Ross (1868): Defining Continuous Residence and Settlement Acquisition under the Poor-Law Amendment Act

Date: Jan 6, 1868
Moncrieff v Ross (1868): Defining Continuous Residence and Settlement Acquisition under the Poor-Law Amendment Act Introduction The case of Moncrieff v Ross ([1868] SLR 6_211) adjudicated by the...
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