Scotland Case Commentaries

Ferrier's Trustees v. Bayley (1877): Establishing the Liability of Singular Successors under the Conveyancing (Scotland) Act 1874

Date: May 27, 1877

Ferrier's Trustees v. Bayley (1877): Establishing the Liability of Singular Successors under the Conveyancing (Scotland) Act 1874 Introduction The case of Ferrier's Trustees v. Bayley ([1877] SLR...

Preservation of Proprietor Rights in Private Streets: Insights from Police Commissioners of Kinning Park v. Thomson & Co. (1877)

Date: Feb 23, 1877

Preservation of Proprietor Rights in Private Streets: Insights from Police Commissioners of Kinning Park v. Thomson & Co. (1877) 1. Introduction The case of Police Commissioners of Kinning Park v....

Doctrine of Fellow-Servant Liability: Comprehensive Commentary on Woodhead v. Gartness Mineral Co ([1877] SLR 14_320)

Date: Feb 11, 1877

Doctrine of Fellow-Servant Liability: Comprehensive Commentary on Woodhead v. Gartness Mineral Co ([1877] SLR 14_320) 1. Introduction Woodhead v. Gartness Mineral Co is a seminal case decided by the...

Dun v. Bain [1877] SLR 14_248: Establishing Limits on Defamation through Contextual Interpretation

Date: Jan 25, 1877

Dun v. Bain [1877] SLR 14_248: Establishing Limits on Defamation through Contextual Interpretation 1. Introduction Dun v. Bain is a seminal case adjudicated by the Scottish Court of Session on...

Reid v. Baird (1876): Establishing Landlord Liability for Defective Property Maintenance

Date: Dec 14, 1876

Reid v. Baird (1876): Establishing Landlord Liability for Defective Property Maintenance Introduction Reid v. Baird ([1876] SLR 14_160) is a seminal case adjudicated by the Scottish Court of Session...

Limits on Trustee Authority in Endowed Educational Trusts: M'Culloch v. Kirk Session

Date: Jul 21, 1876

Limits on Trustee Authority in Endowed Educational Trusts: M'Culloch and Others v. The Kirk Session and Heritors of the Parish of Dalry (1876) Introduction The case of M'Culloch and Others v. The...

M'Laren v. Menzies: Clarifying Validity of Multi-Sheet Wills under Section 39 of the Conveyancing Act 1874

Date: Jul 21, 1876

M'Laren v. Menzies: Clarifying Validity of Multi-Sheet Wills under Section 39 of the Conveyancing Act 1874 Introduction The case of M'Laren and Others v. Menzies and Others ([1876] SLR 13_703) deals...

Reaffirmation of Assignatus Utitur Jure Cedentis in Scottish Insurance Law: Scottish Widows' Fund v. Buist

Date: Jul 15, 1876

Reaffirmation of Assignatus Utitur Jure Cedentis in Scottish Insurance Law: Scottish Widows' Fund v. Buist Introduction The case of The Scottish Widows' Fund v. Buist and Others ([1876] SLR 13_659)...

Establishing Fiduciary Fee Through 'Liferent Use Allenarly' in Cumstie v. Cumstie's Trustees

Date: Jul 1, 1876

Establishing Fiduciary Fee Through 'Liferent Use Allenarly' in Cumstie v. Cumstie's Trustees Introduction The case of Cumstie v. Cumstie's Trustees ([1876] SLR 13_594) adjudicated by the Scottish...

Res Judicata in Consistorial Actions: Comprehensive Commentary on Lockyer v. Ferryman and Others (1876)

Date: Jun 29, 1876

Res Judicata in Consistorial Actions: Comprehensive Commentary on Lockyer v. Ferryman and Others (1876) Introduction Lockyer v. Ferryman and Others ([1876] SLR 13_572) is a seminal case decided by...

Caledonian Railway Co. v. William Baird & Co. [1876]: Establishing Proprietor's Absolute Duty to Prevent Water Pollution

Date: Jun 15, 1876

Caledonian Railway Co. v. William Baird & Co. [1876]: Establishing Proprietor's Absolute Duty to Prevent Water Pollution Introduction The case of Caledonian Railway Co. v. William Baird & Co. ([1876]...

Fraud in Agency and Trustee Liability: Insights from Traill v. Smith's Trustees and Others [1876]

Date: Jun 4, 1876

Fraud in Agency and Trustee Liability: Insights from Traill v. Smith's Trustees and Others [1876] Traill v. Smith's Trs. and Others ([1876] SLR 13_489) Introduction The case of Traill v. Smith's...

Presumption of Paternity in Gardner v. Gardner (1876)

Date: May 31, 1876

Presumption of Paternity in Gardner v. Gardner (1876) Introduction Gardner v. Gardner ([1876] SLR 13463) is a landmark case adjudicated by the Scottish Court of Session on May 30, 1876. This case...

Judicial Boundaries in Voluntary Company Liquidation: Insights from Sdeuard v. Gardner & Son

Date: Mar 11, 1876

Judicial Boundaries in Voluntary Company Liquidation: Insights from Sdeuard v. Gardner & Son Introduction Sdeuard v. Gardner & Son ([1876] SLR 13_363_1) is a landmark case adjudicated by the Scottish...

Control and Liability: Insights from Stephen v. Thurso Police Commissioners (1876)

Date: Mar 4, 1876

Control and Liability: Insights from Stephen v. Thurso Police Commissioners (1876) Introduction Stephen v. Thurso Police Commissioners ([1876] SLR 13_339) is a pivotal case adjudicated by the...

Swing-Gate Authorization on Public Footpaths: Sutherland v Thomson [1876]

Date: Mar 1, 1876

Swing-Gate Authorization on Public Footpaths: Sutherland v Thomson [1876] Introduction The case of Sutherland v Thomson ([1876] SLR 13_311) presented before the Scottish Court of Session addresses...

Malice and Probable Cause in Prosecutorial Liability: Craig v. Peebles (1876)

Date: Feb 17, 1876

Malice and Probable Cause in Prosecutorial Liability: Craig v. Peebles (1876) Introduction Craig v. Peebles ([1876] SLR 13_287) is a landmark judgment delivered by the Scottish Court of Session on...

Liability of Harbour Trustees: Necessity of Proving Negligence in Vessel Damage Cases - Thomson v. Greenock Harbour Trustees [1875]

Date: Dec 11, 1875

Liability of Harbour Trustees: Necessity of Proving Negligence in Vessel Damage Cases Introduction Thomson v. Greenock Harbour Trustees ([1875] SLR 13_155) is a landmark case adjudicated by the...

Essential Error and Restitution in Property Conveyance: Insights from Gilmoub v Hart (1875)

Date: Dec 3, 1875

Essential Error and Restitution in Property Conveyance: Insights from Gilmoub v Hart (1875) Introduction The case of Gilmoub and Others (Steuart's Trustees) v. Hart ([1875] SLR 13_105) adjudicated by...

Judicial Review of School Board Resolutions and Inspector Reports Established in Macfarlane v. School Board of Mochrum

Date: Nov 11, 1875

Judicial Review of School Board Resolutions and Inspector Reports Established in Macfarlane v. School Board of Mochrum Introduction Macfarlane v. School Board of Mochrum and Board of Education for...