Scotland Case Commentaries

Limits of Dean of Guild Authority Under Glasgow Police Act: Lang v. Bruce [1873] SLR 10242

Date: Feb 6, 1873

Limits of Dean of Guild Authority Under Glasgow Police Act: Lang v. Bruce [1873] SLR 10242 Introduction Lang v. Bruce is a landmark case adjudicated by the Scottish Court of Session on February 5,...

Dennistoun v. Thomson [1872]: Enforcing Mutual Street Obligations in Property Servitudes

Date: Nov 23, 1872

Dennistoun v. Thomson [1872]: Enforcing Mutual Street Obligations in Property Servitudes Introduction Dennistoun v. Thomson ([1872] SLR 1069) is a seminal case decided by the Scottish Court of...

Tenant's Right to Withhold Rent Due to Landlord's Material Breach: Kilmarnock Gas Co. v. Smith [1872]

Date: Nov 10, 1872

Tenant's Right to Withhold Rent Due to Landlord's Material Breach: Kilmarnock Gas Co. v. Smith [1872] Introduction Kilmarnock Gas Co. v. Smith is a pivotal case adjudicated by the Scottish Court of...

Galloway v. King: No Negligence in Trespasser-Induced Nitro-Glycerine Explosion

Date: Jun 12, 1872

Galloway v. King: No Negligence in Trespasser-Induced Nitro-Glycerine Explosion Introduction Galloway v. King ([1872] SLR 9_500) is a landmark case heard by the Scottish Court of Session on June 11,...

Derivative Settlements and Parochial Liability for Lunatic Cases: Palmer v. Russell and Others (1871)

Date: Dec 2, 1871

Derivative Settlements and Parochial Liability for Lunatic Cases: Palmer v. Russell and Others ([1871] SLR 9_134) Introduction Palmer v. Russell and Others is a seminal case adjudicated by the...

Calder v. Stevens: Affirming the Legitimacy of Racing Prizes over Gambling Debt Claims

Date: Jul 9, 1871

Calder v. Stevens: Affirming the Legitimacy of Racing Prizes over Gambling Debt Claims Introduction Calder v. Stevens ([1871] SLR 8_636) is a landmark case adjudicated by the Scottish Court of...

Mutual Enforcement of Feu-Deed Building Restrictions: The Precedent Set by Alexander v. Stobo and Miller (1871)

Date: Mar 4, 1871

Mutual Enforcement of Feu-Deed Building Restrictions: The Precedent Set by Alexander v. Stobo and Miller (1871) Introduction Alexander and Others v. Stobo and Miller ([1871] SLR 8_390_1) is a...

Manson v. Smith (1871) SLR 8346: Nullity of Summons by Court Officer

Date: Feb 9, 1871

Manson v. Smith (1871) SLR 8346: Nullity of Summons Issued by a Court Officer Introduction Case Citation: Manson v. Smith ([1871] SLR 8346) Court: Scottish Court of Session Date: February 8, 1871...

Recompense for Bona Fide Improvements in Succession Law: Insights from Fernie v. Robertson (1871)

Date: Jan 20, 1871

Recompense for Bona Fide Improvements in Succession Law: Insights from Fernie v. Robertson (1871) Introduction Fernie v. Robertson ([1871] SLR 8_317) is a landmark case adjudicated by the Scottish...

Grant v. Caledonian Railway Co. [1870]: Contributory Negligence and Shared Liability in Railway Level Crossing Accidents

Date: Dec 11, 1870

Grant v. Caledonian Railway Co. [1870]: Contributory Negligence and Shared Liability in Railway Level Crossing Accidents Introduction The case of Grant v. Caledonian Railway Co. ([1870] SLR 8192) was...

Drew v. Drew (1870) SLR 8_134: Alimentary Provisions and Creditor Rights

Date: Nov 18, 1870

Drew v. Drew (1870) SLR 8_134: Alimentary Provisions and Creditor Rights Introduction Drew v. Drew ([1870] SLR 8_134) is a landmark case adjudicated by the Scottish Court of Session on November 17,...

Orr's Trustee v. Tullis (1870): Establishing Principles for Transfer of Moveable Property and Intangible Rights

Date: Jul 13, 1870

Orr's Trustee v. Tullis (1870): Establishing Principles for Transfer of Moveable Property and Intangible Rights Introduction Orr's Trustee v. Tullis ([1870] SLR 7_625) is a landmark decision by the...

Interpretation of 'Effects' in Wills: Excluding Heritable Estate – Pitcairn v. Pitcairn (1870)

Date: Feb 25, 1870

Interpretation of 'Effects' in Wills: Excluding Heritable Estate Pitcairn v. Pitcairn ([1870] SLR 7_329) Scottish Court of Session | 24th February 1870 Introduction The case of Pitcairn v. Pitcairn...

Expansion of Relief Clauses in Feu-Contracts: Preston v. Magistrates of Edinburgh (1870)

Date: Feb 5, 1870

Expansion of Relief Clauses in Feu-Contracts: Preston v. Magistrates of Edinburgh (1870) Introduction The case of Preston and Others v. Magistrates of Edinburgh ([1870] SLR 7_291) stands as a pivotal...

Authority to Suspend Operations under the General Police and Improvement (Scotland) Act 1862

Date: Dec 8, 1869

Authority to Suspend Operations under the General Police and Improvement (Scotland) Act 1862 Introduction The case of The Lord Advocate v. Police Commissioners of Perth ([1869] SLR 7_147) presents a...

Enforceability of Building Restrictions: The Gould v. M'Corquodale Precedent

Date: Nov 25, 1869

Enforceability of Building Restrictions: The Gould v. M'Corquodale Precedent Introduction Gould v. M'Corquodale ([1869] SLR 7_108) is a landmark case adjudicated by the Scottish Court of Session on...

Enhancing Property Rights in Reclaimed Land: Hunter v. Lord Advocate (1869)

Date: Jun 26, 1869

Enhancing Property Rights in Reclaimed Land: Hunter v. Lord Advocate (1869) Introduction Hunter v. Lord Advocate And Others ([1869] SLR 6_593) is a landmark case decided by the Scottish Court of...

Proceeds of Life Insurance Policies as Part of the Deceased's Estate - Smith v. Kerr and Smith (1869)

Date: Jun 5, 1869

Proceeds of Life Insurance Policies as Part of the Deceased's Estate Introduction Smith v. Kerr and Smith ([1869] SLR 6_546_1) is a seminal case adjudicated by the Scottish Court of Session on June...

Goldston v. Young (1868): Reinforcement of Probative Requirements in Contracts for Sale of Heritage

Date: Dec 9, 1868

Goldston v. Young (1868): Reinforcement of Probative Requirements in Contracts for Sale of Heritage Introduction Goldston v. Young ([1868] SLR 6_158_1) is a landmark case adjudicated by the Scottish...

Acquiescence in Feu-Contract Conditions Bars Enforcement: Campbell v. The Clydesdale Banking Co. (1868)

Date: Jun 20, 1868

Acquiescence in Feu-Contract Conditions Bars Enforcement Introduction Campbell v. The Clydesdale Banking Co. ([1868] SLR 5_608) is a pivotal case decided by the Scottish Court of Session on June 19,...