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  • Commentaries

Scotland Case Commentaries

Clarifying Reclamation of Judicial Decisions and Privilege Waivers in Document Recovery: Insights from Roche Diagnostics Ltd v Greater Glasgow Health Board

Clarifying Reclamation of Judicial Decisions and Privilege Waivers in Document Recovery: Insights from Roche Diagnostics Ltd v Greater Glasgow Health Board

Date: Oct 9, 2024
Clarifying Reclamation of Judicial Decisions and Privilege Waivers in Document Recovery: Insights from Roche Diagnostics Ltd v Greater Glasgow Health Board Introduction The case of Roche Diagnostics...
Enforcement of Adjudicator Decisions and Natural Justice: Establishing Precedent in ATG Services v Ogilvie Construction

Enforcement of Adjudicator Decisions and Natural Justice: Establishing Precedent in ATG Services v Ogilvie Construction

Date: Oct 5, 2024
Enforcement of Adjudicator Decisions and Natural Justice: Establishing Precedent in ATG Services v Ogilvie Construction Introduction The case of ATG Services (Scotland) Ltd against Ogilvie...
Reinterpretation of RCS 25.1(1)(b): Competency of Counterclaims in the Scottish Court of Session

Reinterpretation of RCS 25.1(1)(b): Competency of Counterclaims in the Scottish Court of Session

Date: Oct 5, 2024
Reinterpretation of RCS 25.1(1)(b): Competency of Counterclaims in the Scottish Court of Session Introduction The case of William Gray against Stephen McCallion and ZLX Limited ([2024] CSIH 30)...
Clarifying the Essential Elements of a Lease: Orr vs UK Agricultural LTD [2024] CSOH 93

Clarifying the Essential Elements of a Lease: Orr vs UK Agricultural LTD [2024] CSOH 93

Date: Oct 4, 2024
Clarifying the Essential Elements of a Lease: Orr vs UK Agricultural LTD [2024] CSOH 93 Introduction The case of Duncan Alexander Orr and others against UK Agricultural LTD ([2024] CSOH 93) presents...
Establishing Causation in Employment-Related Health Claims: Insights from McIlwraith v Blue Vale Structures Ltd

Establishing Causation in Employment-Related Health Claims: Insights from McIlwraith v Blue Vale Structures Ltd

Date: Oct 2, 2024
Establishing Causation in Employment-Related Health Claims: Insights from McIlwraith v Blue Vale Structures Ltd Introduction The case of McIlwraith v Blue Vale Structures Ltd ([2024] CSOH 92)...
Recognition of Ancillary Administrations in Scottish Insolvency Law: A Comprehensive Analysis of Preston and Tait v Signal Real Estate Opportunities

Recognition of Ancillary Administrations in Scottish Insolvency Law: A Comprehensive Analysis of Preston and Tait v Signal Real Estate Opportunities

Date: Sep 27, 2024
Recognition of Ancillary Administrations in Scottish Insolvency Law: A Comprehensive Analysis of Preston and Tait v Signal Real Estate Opportunities Introduction The case of Stuart Preston and Julie...
Crown Appeal Reinforces Sentencing Guidelines for Multiple Rape Convictions

Crown Appeal Reinforces Sentencing Guidelines for Multiple Rape Convictions

Date: Sep 25, 2024
Crown Appeal Reinforces Sentencing Guidelines for Multiple Rape Convictions Introduction In the case titled Crown Appeal against Sentence by HMA against CM ([2024] HCJAC 39), the Scottish High Court...
Waiver of Legal Professional Privilege and "Without Prejudice" Privilege in Public Procurement: Insights from Roche Diagnostics LTD v Greater Glasgow Health Board and Abbott Laboratories LTD [2024] CSOH 90

Waiver of Legal Professional Privilege and "Without Prejudice" Privilege in Public Procurement: Insights from Roche Diagnostics LTD v Greater Glasgow Health Board and Abbott Laboratories LTD [2024] CSOH 90

Date: Sep 21, 2024
Waiver of Legal Professional Privilege and "Without Prejudice" Privilege in Public Procurement: Insights from Roche Diagnostics LTD v Greater Glasgow Health Board and Abbott Laboratories LTD [2024]...
Limitation of Permission to Appeal Under the Tribunals, Courts and Enforcement Act 2007: Insights from LM v Advocate General for Scotland ([2024] CSIH 28)

Limitation of Permission to Appeal Under the Tribunals, Courts and Enforcement Act 2007: Insights from LM v Advocate General for Scotland ([2024] CSIH 28)

Date: Sep 20, 2024
Limitation of Permission to Appeal Under the Tribunals, Courts and Enforcement Act 2007: Insights from LM v Advocate General for Scotland ([2024] CSIH 28) Introduction The case of LM v Advocate...
Exclusive Patent License Obligations and Competition Law: Insights from Rocep-Lusol v Lindal Dispenser [2024] CSOH 89

Exclusive Patent License Obligations and Competition Law: Insights from Rocep-Lusol v Lindal Dispenser [2024] CSOH 89

Date: Sep 20, 2024
Exclusive Patent License Obligations and Competition Law: Insights from Rocep-Lusol v Lindal Dispenser [2024] CSOH 89 Introduction The case of Rocep-Lusol Holdings Limited (the "Pursuer") versus...
Balancing Emotional and Physical Abuse Allegations in Determining Medical Fitness to Practice: Insights from Appeal by Dr Muhammad Rashid Masood [2024] CSIH 27

Balancing Emotional and Physical Abuse Allegations in Determining Medical Fitness to Practice: Insights from Appeal by Dr Muhammad Rashid Masood [2024] CSIH 27

Date: Sep 18, 2024
Balancing Emotional and Physical Abuse Allegations in Determining Medical Fitness to Practice: Insights from Appeal by Dr Muhammad Rashid Masood [2024] CSIH 27 Introduction The case of Dr Muhammad...
Establishing Jurisdiction Through Framework Agreements: Insights from Caledonia Water Alliance v Electrosteel Castings (UK) LTD

Establishing Jurisdiction Through Framework Agreements: Insights from Caledonia Water Alliance v Electrosteel Castings (UK) LTD

Date: Sep 14, 2024
Establishing Jurisdiction Through Framework Agreements: Insights from Caledonia Water Alliance v Electrosteel Castings (UK) LTD Introduction The case of Caledonia Water Alliance against Electrosteel...
Enhanced Requirements for Judicial Reasoning in Immigration Decisions: Analysis of [2024] CSOH 88

Enhanced Requirements for Judicial Reasoning in Immigration Decisions: Analysis of [2024] CSOH 88

Date: Sep 14, 2024
Enhanced Requirements for Judicial Reasoning in Immigration Decisions: Analysis of [2024] CSOH 88 Introduction The case of A B and C vs. Secretary of State for the Home Department ([2024] CSOH 88)...
MEX Group Worldwide LTD v Stewart Owen Ford & Others: Clarifying Jurisdiction in Multi-Domiciled Conspiracy Cases

MEX Group Worldwide LTD v Stewart Owen Ford & Others: Clarifying Jurisdiction in Multi-Domiciled Conspiracy Cases

Date: Sep 13, 2024
MEX Group Worldwide LTD v Stewart Owen Ford & Others: Clarifying Jurisdiction in Multi-Domiciled Conspiracy Cases Introduction The case of MEX Group Worldwide LTD against Stewart Owen Ford & Others...
Admissibility of Relationship Evidence in Sexual Offence Trials: Insights from HMA v MJ [2024] HCJ 3

Admissibility of Relationship Evidence in Sexual Offence Trials: Insights from HMA v MJ [2024] HCJ 3

Date: Sep 12, 2024
Admissibility of Relationship Evidence in Sexual Offence Trials: Insights from HMA v MJ [2024] HCJ 3 Introduction The case of HMA against MJ ([2024] HCJ 3) adjudicated by the Scottish High Court of...
Limitation Periods and Credibility in Civil Rape Proceedings: PW (AP) v KM ([2024] CSOH 85)

Limitation Periods and Credibility in Civil Rape Proceedings: PW (AP) v KM ([2024] CSOH 85)

Date: Sep 7, 2024
Limitation Periods and Credibility in Civil Rape Proceedings: PW (AP) v KM ([2024] CSOH 85) Introduction In the case of PW (AP) against KM (Court of Session) ([2024] CSOH 85), the Scottish Court of...
Crown v Docherty [2024] HCJAC 36: Establishing Comprehensive Cumulo Sentencing in Firearms Offenses

Crown v Docherty [2024] HCJAC 36: Establishing Comprehensive Cumulo Sentencing in Firearms Offenses

Date: Sep 4, 2024
Crown v Docherty [2024] HCJAC 36: Establishing Comprehensive Cumulo Sentencing in Firearms Offenses Introduction In the landmark case of Crown v Docherty [2024] HCJAC 36, the Scottish High Court of...
Comprehensive Legal Commentary: Upholding Comprehensive Sentencing in Multi-Offense Indictments

Comprehensive Legal Commentary: Upholding Comprehensive Sentencing in Multi-Offense Indictments

Date: Aug 29, 2024
Affirmation of Comprehensive Sentencing in Multi-Offense Indictments: Iain Packer v HMA [2024] HCJAC 38 Introduction The case Iain Packer v His Majesty's Advocate ([2024] HCJAC 38) delves into the...
Res Judicata in Group Litigation: Establishing Binding Precedent in McCluskey v Scott Wilson Scotland Ltd

Res Judicata in Group Litigation: Establishing Binding Precedent in McCluskey v Scott Wilson Scotland Ltd

Date: Aug 29, 2024
Res Judicata in Group Litigation: Establishing Binding Precedent in McCluskey v Scott Wilson Scotland Ltd Introduction The case of Laura McCluskey vs Scott Wilson Scotland Ltd ([2024] CSIH 26)...
Limits of Vicarious Liability and Duty of Care in Employer-Employee Misconduct: NM v Henderson [2024] CSOH 84

Limits of Vicarious Liability and Duty of Care in Employer-Employee Misconduct: NM v Henderson [2024] CSOH 84

Date: Aug 24, 2024
Limits of Vicarious Liability and Duty of Care in Employer-Employee Misconduct: NM v Henderson [2024] CSOH 84 Introduction The case of NM against Graeme Henderson and another ([2024] CSOH 84) was...
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