Scotland Case Commentaries

Assumption of Childbearing Capacity in Trust Law: Beattie v. Meffan (1898)

Date: Mar 12, 1898

Assumption of Childbearing Capacity in Trust Law: Beattie v. Meffan (1898) Introduction The case of Beattie and Others (Beattie's Trustees) v. Meffan and Another, adjudicated by the Scottish Court of...

Liability of Successive Lessees for Breach of Lease Obligations: Sinclair v. The Caithness Flagstone Co., Ltd, and Others (1898)

Date: Mar 5, 1898

Liability of Successive Lessees for Breach of Lease Obligations: Sinclair v. The Caithness Flagstone Co., Ltd, and Others (1898) Introduction The case of Sinclair v. The Caithness Flagstone Co., Ltd,...

Residue of Estate Vests a Morte Testatoris: Insights from Ballantyne’s Trustees v Kidd [1898]

Date: Feb 19, 1898

Residue of Estate Vests a Morte Testatoris: Insights from Ballantyne’s Trustees v Kidd [1898] Introduction Ballantyne’s Trustees v Kidd ([1898] SLR 35_488) is a seminal case adjudicated by the...

Commercial Bank of Scotland v. Muir and Others: Establishing Competency in Multiplepoinding Actions

Date: Dec 2, 1897

Commercial Bank of Scotland v. Muir and Others: Establishing Competency in Multiplepoinding Actions Introduction The case of Commercial Bank of Scotland, Ltd v. Muir and Others ([1897] SLR 35_174)...

Determining Liability on the High Seas: The Kendrick v. Burnett Precedent

Date: Nov 18, 1897

Determining Liability on the High Seas: The Kendrick v. Burnett Precedent Introduction Kendrick and Others v. Burnett and Others ([1897] SLR 35_62) is a seminal case adjudicated by the Scottish Court...

Duty of Care for Lawfully Present Individuals: Analysis of Messer v. Cranston & Co. [1897]

Date: Oct 16, 1897

Duty of Care for Lawfully Present Individuals: Analysis of Messer v. Cranston & Co. [1897] Introduction Messer v. Cranston & Co. ([1897] SLR 35_42) is a landmark case adjudicated by the Scottish...

Wilkinson v. The Kinneil Cannel and Coking Coal Co., Ltd: Employer Liability in Emergency Situations

Date: Mar 17, 1897

Wilkinson v. The Kinneil Cannel and Coking Coal Co., Ltd: Employer Liability in Emergency Situations Introduction Wilkinson v. The Kinneil Cannel and Coking Coal Co., Ltd ([1897] SLR 34_533) is a...

Conditional Vesting and Trustee Discretion: The Russell v. Bell's Trustees Judgment [1897]

Date: Mar 6, 1897

Conditional Vesting and Trustee Discretion: The Russell v. Bell's Trustees Judgment [1897] Introduction The case of Russell v. Bell's Trustees ([1897] SLR 34_497) adjudicated by the Scottish Court of...

Limits on Buyer’s Right of Rejection and Remedies for Breach under the Sale of Goods Act 1893: Electric Construction Co. v. Hurry & Young [1897] SLR 34_295

Date: Jan 15, 1897

Limits on Buyer’s Right of Rejection and Remedies for Breach under the Sale of Goods Act 1893: Electric Construction Co. v. Hurry & Young [1897] SLR 34_295 Introduction The Electric Construction Co.,...

Duty of Trustees to Prudently Invest Trust Funds: The Landmark Decision in Melville v. Noble's Trustees (1896)

Date: Dec 12, 1896

Duty of Trustees to Prudently Invest Trust Funds: The Landmark Decision in Melville v. Noble's Trustees (1896) Introduction Melville v. Noble's Trustees ([1896] SLR 34_210) is a pivotal case decided...

Craig v. Hogg [1896] SLR 34_22: Limiting Personal Liability of Judicial Factors

Date: Oct 18, 1896

Craig v. Hogg [1896] SLR 34_22: Limiting Personal Liability of Judicial Factors Introduction Craig v. Hogg ([1896] SLR 34_22) is a landmark judgment delivered by the Scottish Court of Session on...

Bounding Title and Prescription: Insights from North British Railway Co. v. Hutton (1896)

Date: Feb 20, 1896

Bounding Title and Prescription: Insights from North British Railway Co. v. Hutton (1896) Introduction The case of North British Railway Co. v. Hutton ([1896] SLR 33_357) adjudicated by the Scottish...

Revocability of Unilateral Antenuptial Trusts: Watt v. Watson and Others (1896)

Date: Jan 17, 1896

Revocability of Unilateral Antenuptial Trusts: Watt v. Watson and Others (1896) Introduction Watt v. Watson and Others ([1896] SLR 34_267) is a seminal case decided by the Scottish Court of Session...

Pro Rata Diminution in Trusts: Insights from Haldane's Trustees v. Haldane (1895)

Date: Dec 13, 1895

Pro Rata Diminution in Trusts: Insights from Haldane's Trustees v. Haldane (1895) Introduction Haldane's Trustees v. Haldane ([1895] SLR 33_206) is a seminal case decided by the Scottish Court of...

Robb v. Brearton (1895): Establishing Competency in Appeals Against Summary Ejection

Date: Jul 12, 1895

Robb v. Brearton (1895): Establishing Competency in Appeals Against Summary Ejection Introduction In the landmark case of Robb v. Brearton ([1895] SLR 32_671), the Scottish Court of Session addressed...

Trustees' Good Faith Actions and Recoupment Rights: Insights from Gibson v. Caddall's Trustees [1895] SLR 32_668

Date: Jul 12, 1895

Trustees' Good Faith Actions and Recoupment Rights: Insights from Gibson v. Caddall's Trustees [1895] SLR 32_668 Introduction Gibson v. Caddall's Trustees ([1895] SLR 32_668) is a landmark case heard...

Lovie v. Baird's Trustees: Mutual Obligations and Set-Off in Lease Contracts

Date: Jul 6, 1895

Lovie v. Baird's Trustees: Mutual Obligations and Set-Off in Lease Contracts Introduction The case of Lovie v. Baird's Trustees ([1895] SLR 33_208) addressed the intricate dynamics of mutual...

Vested Fee Simple Interests in Trusts: Insights from Greenlees' Trustees v. Greenlees [1894] SLR 32_106

Date: Dec 5, 1894

Vested Fee Simple Interests in Trusts: Insights from Greenlees' Trustees v. Greenlees [1894] SLR 32_106 Introduction Greenlees' Trustees v. Greenlees and Others is a landmark case decided by the...

Henderson v. Stubbs, Ltd: Scope of Purchaser Liability for Seller's Third-Party Obligations

Date: Nov 14, 1894

Henderson v. Stubbs, Ltd: Scope of Purchaser Liability for Seller's Third-Party Obligations Introduction Henderson v. Stubbs, Ltd ([1894] SLR 3249) is a pivotal case adjudicated by the Scottish Court...

Lundie v. Macbrayne (1894): Establishing Liability and Limitation in Wrongful Apprehension Cases

Date: Jul 21, 1894

Lundie v. Macbrayne (1894): Establishing Liability and Limitation in Wrongful Apprehension Cases Introduction Lundie v. Macbrayne ([1894] SLR 31_872) is a landmark case decided by the Scottish Court...