Schedules of Condition as Evidential Baselines, Not Conditions Precedent: Commentary on Nicol's Worsteds Ltd v HLT Stakis Operator Ltd [2025] CSOH 116 1. Introduction This Outer House decision of...
JU v NU [2025] CSOH 117: Structured Hierarchies for Contact, Handover and Video Communication in Long‑Distance Parenting 1. Introduction This opinion of Lord Braid in the Outer House of the Court of...
V v General Medical Council [2025] CSOH 114: Original Jurisdiction and the Limits of Conditions in Interim Orders for Alleged Sexual Misconduct 1. Introduction The decision of Lady Tait in Petition...
DM v EF [2025] CSOH 115: Forum Choice, Remits and Access to Justice in Scottish Family Actions 1. Introduction In DM v EF [2025] CSOH 115, Lord Braid, sitting in the Outer House of the Court of...
Court of Session Clarifies “Prevention of Access” and Substantial Prejudice in Challenges to Traffic Regulation Orders: Norman Esslemont v Aberdeen City Council [2025] CSIH 31 1. Introduction This...
MS v MM [2025] CSOH 113: Section 41 Family Law Act 1986 Has No Extra‑Territorial Effect 1. Introduction This decision of the Outer House of the Court of Session, MS v MM and another ([2025] CSOH 113,...
Parens Patriae Override of a Capacitated Under‑16’s Refusal of Blood: Adoption of the Three‑Stage “E” Framework in Scotland 1. Introduction In Petition of a Scottish Health Board for the court to...
Mandatory Ultrasound Referral for Fundal Height Discrepancies: Commentary on Claire Bayne or Wilkie v Tayside Health Board [2025] CSOH 111 1. Introduction This case concerns catastrophic birth injury...
Clarifying Interim and Permanent Homelessness Duties under the Housing (Scotland) Act 1987: Commentary on Petition by Y v Glasgow City Council [2025] CSIH 30 1. Introduction This Inner House decision...
Indirect Discrimination, Discretionary Exemptions and the Public Sector Equality Duty in Prison Mail Policies Commentary on Petition of William Frederick Ian Beggs for Judicial Review [2025] CSOH 112...
PB v HM Advocate [2025] HCJAC 53: Timeous Objection, Volunteered Prejudicial Evidence and Judicial Discretion in Re‑examination Court: Appeal Court, High Court of Justiciary (Scotland) Neutral...
Strangulation, Home Invasion and the Limits of Community Sentencing: Commentary on HM Advocate v Helen Heather Moran or Macdonald [2025] HCJAC 52 1. Introduction This commentary analyses the decision...
A Duty to Act Swiftly: Delay, Dangerous Buildings and Expenses in Academic Judicial Review under Section 29 of the Building (Scotland) Act 2003 1. Introduction This commentary examines the Opinion of...
Dixon v Angus Council: Significant Travel‑Generating Uses, Rural Crematoria and the Application of NPF4 1. Introduction This commentary examines the decision of the First Division of the Inner House...
When a Child Wants to Return: Child’s Wishes, Parental Suicide Risk and the Article 13(b) “Intolerable Situation” Defence in DM, Petition [2025] CSOH 109 1. Introduction This Outer House decision of...
Reusing Expert Evidence and Retrospective Certification of Skilled Witnesses: Commentary on Spence v Graham [2025] CSOH 108 1. Introduction This commentary examines the Opinion of Lord Braid in...
Clarifying the Duty to Assess Innocent Mistake in Immigration Deception Findings: Commentary on AM (AP) for Judicial Review [2025] CSOH 107 1. Introduction This judicial review in the Outer House of...
Braganza Duties, Lay Representation and Winding‑Up Petitions in Scots Law: Commentary on Innovate UK Loans Ltd v Wootzano Ltd [2025] CSOH 106 1. Introduction This commentary examines the opinion of...
No Common‑Law Duty to Consult or Give Reasons on Council Land Disposals, but Community Councils Have Standing: Commentary on Helensburgh Community Council for Judicial Review [2025] CSOH 105 1....
Remorse, Electronic Monitoring Credit and Undue Leniency: Commentary on HM Advocate v STP [2025] HCJAC 51 1. Introduction The decision of the Appeal Court, High Court of Justiciary in HM Advocate v...