Scotland Case Commentaries

Residuary Clauses and Intestacy in Trust Law: Insights from Neilson v. Fulton (1880)

Date: Feb 7, 1880

Residuary Clauses and Intestacy in Trust Law: Insights from Neilson v. Fulton (1880) Introduction The case of Neilson and Others (Fulton's Trustees) v. Fulton and Others ([1880] SLR 17_377)...

Permanent Diminution of Land Value: Precedent in Caledonian Railway Co. v. Playfair (1879)

Date: Dec 3, 1879

Permanent Diminution of Land Value: Precedent in Caledonian Railway Co. v. Playfair (1879) Introduction Caledonian Railway Co. v. Playfair and Others (Walker's Trustees) is a seminal case adjudicated...

M'Bey v. Knight (1879): Limiting Sheriff Court Jurisdiction Over Non-Resident Property Owners

Date: Nov 23, 1879

M'Bey v. Knight (1879): Limiting Sheriff Court Jurisdiction Over Non-Resident Property Owners Introduction M'Bey v. Knight, decided on November 22, 1879, by the Scottish Court of Session, addresses...

Per Stirpes Succession in Laing's Trustees v. Sanson (1879)

Date: Nov 19, 1879

Per Stirpes Succession in Laing's Trustees v. Sanson (1879) Introduction The case of Laing's Trustees v. Sanson ([1879] ScotCS 2) adjudicated by the Scottish Court of Session on November 18, 1879,...

Interpretation of 'Chartered Bank' in Trust Deeds: Sanders v. Beveridge & Others (1879)

Date: Nov 8, 1879

Interpretation of 'Chartered Bank' in Trust Deeds: Sanders v. Beveridge & Others (1879) Introduction Sanders v. Beveridge and Others (Sanders' Trustees), decided on November 7, 1879, by the Scottish...

Establishing the Treatment of Lapsed Shares in Trust Succession: M'Donald v Donald's Trustees [1879] SLR 17-25

Date: Oct 26, 1879

Establishing the Treatment of Lapsed Shares in Trust Succession: M'Donald v Donald's Trustees [1879] SLR 17-25 Introduction The case of Donald or M'Nish and Others v. Donald's Trustees ([1879] SLR...

Duty of Landowners to Secure Dangerous Premises: M'Feat v. Rankin's Trustees (1879)

Date: Jun 18, 1879

Duty of Landowners to Secure Dangerous Premises: M'Feat v. Rankin's Trustees (1879) Introduction In the landmark case of M'Feat v. Rankin's Trustees ([1879] SLR 16_614), the Scottish Court of Session...

Stewart v. Bunten: Enforcing Building Restrictions in Property Law

Date: Jul 21, 1878

Stewart v. Bunten: Enforcing Building Restrictions in Property Law Introduction Stewart v. Bunten and Others ([1878] SLR 15_730) is a significant case adjudicated by the Scottish Court of Session on...

Liability in Through Ticket Railway Accidents: Horn v. North British Railway Co ([1878] SLR 15_707)

Date: Jul 14, 1878

Liability in Through Ticket Railway Accidents: Horn v. North British Railway Co ([1878] SLR 15_707) Introduction Horn v. North British Railway Co is a seminal case adjudicated by the Scottish Court...

Dalrymple v. Herdman (1878): Enforcing Feu-Contract Restrictions Among Feuars

Date: Jun 6, 1878

Dalrymple v. Herdman (1878): Enforcing Feu-Contract Restrictions Among Feuars Introduction The case of Dalrymple and Others v. Herdman and Others ([1878] SLR 15_588) was adjudicated by the Scottish...

Gray v. Gray's Trustees [1878] SLR 15_571: Alteration of Entailed Estate through Trust-Dispositions

Date: May 25, 1878

Gray v. Gray's Trustees [1878] SLR 15_571: Alteration of Entailed Estate through Trust-Dispositions Introduction Gray v. Gray's Trustees is a landmark judgment delivered by the Scottish Court of...

Classification of Singular Successor Entry-Money as Real Burdens: Hervey v Webster (1878)

Date: May 17, 1878

Classification of Singular Successor Entry-Money as Real Burdens: Hervey v Webster (1878) Introduction The case of Hervey and Another (Morrison's Trustees) v. Webster and Another ([1878] SLR 15_559)...

Distinction Between Local and Imperial Taxation Valuation under Scottish Law Established in Menzies v. Inland Revenue

Date: Jan 19, 1878

Distinction Between Local and Imperial Taxation Valuation under Scottish Law Established in Menzies v. Inland Revenue Introduction The case of Menzies v. Inland Revenue ([1878] SLR 15_285) was...

Inclusion of Mineral Rents in Composition: Allan's Trustees v. The Duke of Hamilton (1878)

Date: Jan 18, 1878

Inclusion of Mineral Rents in Composition: Allan's Trustees v. The Duke of Hamilton (1878) Introduction Allan's Trustees v. The Duke of Hamilton ([1878] SLR 15_279) is a pivotal case adjudicated by...

Tennent v. Crawford (1878): Clarifying the Scope of Judicial Review Under Section 71 of the Bankruptcy (Scotland) Act 1856

Date: Jan 13, 1878

Tennent v. Crawford (1878): Clarifying the Scope of Judicial Review Under Section 71 of the Bankruptcy (Scotland) Act 1856 Introduction Tennent v. Crawford ([1878] SLR 15_265) is a landmark decision...

Liability and Contributory Negligence in Property Damage: Insights from Moffat & Co. v. Park (1877)

Date: Oct 17, 1877

Liability and Contributory Negligence in Property Damage: Insights from Moffat & Co. v. Park (1877) Introduction The case of Moffat & Co. v. Park ([1877] SLR 15_4) adjudicated by the Scottish Court...

M'Arthur v. Lawson: Enforceability of Partnership Promises in Employment Contracts

Date: Aug 1, 1877

M'Arthur v. Lawson: Enforceability of Partnership Promises in Employment Contracts Case Title: M'Arthur v. Lawson Citation: [1877] SLR 14_668 Court: Scottish Court of Session Date: July 31, 1877...

Establishing Protections in Residuary Trusts: Insights from Gibson's Trustees v. Ross and Others

Date: Jul 25, 1877

Establishing Protections in Residuary Trusts: Insights from Gibson's Trustees v. Ross and Others Introduction The landmark case of Gibson's Trustees v. Ross and Others ([1877] SLR 14_694),...

Notice Requirements and Demurrage Liability in Harris v. Haywood Gas Coal Co. [1877]

Date: Jul 4, 1877

Notice Requirements and Demurrage Liability in Harris and Others v. Haywood Gas Coal Co. [1877] Introduction The case of Harris and Others v. Haywood Gas Coal Co. ([1877] SLR 14_605) adjudicated...

Determining Conversion of Heritable Estate to Moveable Property: Hogg v. Hamilton (1877)

Date: Jun 8, 1877

Determining Conversion of Heritable Estate to Moveable Property: Hogg v. Hamilton and Others (1877) Introduction Hogg v. Hamilton and Others ([1877] SLR 14_542) is a landmark case decided by the...