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  • Commentaries

interpretation-of-judicial-review-time-limits-under-section-27a-of-the-court-of-session-act-1988:-o& Case Commentaries

The Primacy of Procedural Compliance over EU-Law Defences:  Dougall v HMA and the Necessity of a Compatibility-Issue Minute

The Primacy of Procedural Compliance over EU-Law Defences: Dougall v HMA and the Necessity of a Compatibility-Issue Minute

Date: Aug 18, 2025
The Primacy of Procedural Compliance over EU-Law Defences: Dougall v HMA and the Necessity of a Compatibility-Issue Minute Introduction In Dougall v HMA ([2025] HCJAC 35) the Scottish Appeal Court...
Subjective Intention Inferred from Objective Facts & the Sufficiency of Brevity: 
Heptagon Portfolio Arbroath Ltd v Angus Council [2025] CSOH 75

Subjective Intention Inferred from Objective Facts & the Sufficiency of Brevity: Heptagon Portfolio Arbroath Ltd v Angus Council [2025] CSOH 75

Date: Aug 18, 2025
Subjective Intention Inferred from Objective Facts & the Sufficiency of Brevity: Heptagon Portfolio Arbroath Ltd v Angus Council [2025] CSOH 75 1. Introduction This Outer House decision, delivered by...
Refining the Efficiency Criterion: Lord Young Clarifies the Threshold for Group Proceedings under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018

Refining the Efficiency Criterion: Lord Young Clarifies the Threshold for Group Proceedings under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018

Date: Aug 18, 2025
Refining the Efficiency Criterion: Lord Young Clarifies the Threshold for Group Proceedings under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 1. Introduction In Michelle...
“Privilege No Bar” – The Outer Limits of the SLCC’s Sifting Function after Levy & McRae v Scottish Legal Complaints Commission

“Privilege No Bar” – The Outer Limits of the SLCC’s Sifting Function after Levy & McRae v Scottish Legal Complaints Commission

Date: Aug 18, 2025
“Privilege No Bar” – The Outer Limits of the SLCC’s Sifting Function after Levy & McRae Solicitors LLP v Scottish Legal Complaints Commission [2025] CSIH 23 1. Introduction This Inner House decision,...
The “Dual-Track” Test for Anti-Rates-Avoidance:  Dunston Dunfermline Nominees Ltd v Fife Council

The “Dual-Track” Test for Anti-Rates-Avoidance: Dunston Dunfermline Nominees Ltd v Fife Council

Date: Aug 18, 2025
The “Dual-Track” Test for Anti-Rates-Avoidance: Dunston Dunfermline Nominees Ltd v Fife Council 1. Introduction In Dunston Dunfermline Nominees Ltd for Judicial Review of a decision of Fife Council...
Gallagher: Post‑Injury Complications Count as “Harm”, Attacks on Public Officials Aggravate, and Late s.76 Pleas Attract Reduced Discounts — A New Sentencing Benchmark for Life‑Endangering Knife Assaults

Gallagher: Post‑Injury Complications Count as “Harm”, Attacks on Public Officials Aggravate, and Late s.76 Pleas Attract Reduced Discounts — A New Sentencing Benchmark for Life‑Endangering Knife Assaults

Date: Aug 16, 2025
Gallagher: Post‑Injury Complications Count as “Harm”, Attacks on Public Officials Aggravate, and Late s.76 Pleas Attract Reduced Discounts — A New Sentencing Benchmark for Life‑Endangering Knife...
Smalling-Small v Home Office West Midlands: Clarifying Section 9 HRA Claims and the Threshold for Limited Civil Restraint Orders

Smalling-Small v Home Office West Midlands: Clarifying Section 9 HRA Claims and the Threshold for Limited Civil Restraint Orders

Date: Aug 15, 2025
Smalling-Small v Home Office West Midlands: Clarifying Section 9 Human Rights Act Claims and the Threshold for Limited Civil Restraint Orders 1. Introduction In Smalling-Small v Home Office West...
The “Petrofac Costs Principle” – Rigorous Scrutiny and Detailed Justification for Interim Payments on Account in Restructuring-Plan Litigation

The “Petrofac Costs Principle” – Rigorous Scrutiny and Detailed Justification for Interim Payments on Account in Restructuring-Plan Litigation

Date: Aug 15, 2025
The “Petrofac Costs Principle” – Rigorous Scrutiny and Detailed Justification for Interim Payments on Account in Restructuring-Plan Litigation 1. Introduction In Petrofac Ltd (Costs), Re ([2025] EWCA...
“When a Trial Is Peremptory, Certiorari Ends the Matter”: The High Court Clarifies the Discretion to Refuse Remittal and Damages after a Void District Court Conviction

“When a Trial Is Peremptory, Certiorari Ends the Matter”: The High Court Clarifies the Discretion to Refuse Remittal and Damages after a Void District Court Conviction

Date: Aug 15, 2025
“When a Trial Is Peremptory, Certiorari Ends the Matter”: The High Court Clarifies the Discretion to Refuse Remittal and Damages after a Void District Court Conviction 1. Introduction Burke v...
Lamont v HMA [2025] HCJAC 39: Beyond Reasonable Doubt Applies to Conviction, Not to the Jury’s Application of Mutual Corroboration — and Sexual/Non‑Sexual Charges Must Be Evaluated Separately

Lamont v HMA [2025] HCJAC 39: Beyond Reasonable Doubt Applies to Conviction, Not to the Jury’s Application of Mutual Corroboration — and Sexual/Non‑Sexual Charges Must Be Evaluated Separately

Date: Aug 14, 2025
Beyond Reasonable Doubt Applies to Conviction, Not to the Jury’s Application of Mutual Corroboration — and Sexual/Non‑Sexual Charges Must Be Evaluated Separately Case: Appeal against Conviction by...
“Recalibrating Culpability” – The WF Principle on Sentencing Adults for Sexual Offences Committed as Children

“Recalibrating Culpability” – The WF Principle on Sentencing Adults for Sexual Offences Committed as Children

Date: Aug 13, 2025
“Recalibrating Culpability” – The WF Principle on Sentencing Adults for Sexual Offences Committed as Children 1. Introduction In WF, R. v ([2025] NICA 39) the Court of Appeal in Northern Ireland...
Section 37(6) Leave Strictly Applied: Pre‑Remittal s.146 Assignments Not Fatal and “Best‑Practice” Pre‑Commencement Conditions Do Not Materially Alter Development – Morehart v An Bord Pleanála [2025] IEHC 418

Section 37(6) Leave Strictly Applied: Pre‑Remittal s.146 Assignments Not Fatal and “Best‑Practice” Pre‑Commencement Conditions Do Not Materially Alter Development – Morehart v An Bord Pleanála [2025] IEHC 418

Date: Aug 13, 2025
Section 37(6) Leave Strictly Applied: Pre‑Remittal s.146 Assignments Not Fatal and “Best‑Practice” Pre‑Commencement Conditions Do Not Materially Alter Development – Morehart v An Bord Pleanála [2025]...
Recalling Scottish “Search” Orders for Material Non-Disclosure: Lord Lake’s Clarification of the Duty of Full and Frank Disclosure

Recalling Scottish “Search” Orders for Material Non-Disclosure: Lord Lake’s Clarification of the Duty of Full and Frank Disclosure

Date: Aug 12, 2025
Recalling Scottish “Search” Orders for Material Non-Disclosure: Lord Lake’s Clarification of the Duty of Full and Frank Disclosure Introduction The decision of Lord Lake in Petition of PE Ltd and...
“The Intrinsic-Issue Principle”: Lord Sandison Clarifies the Scope of Serious Irregularity Appeals under Rule 68

“The Intrinsic-Issue Principle”: Lord Sandison Clarifies the Scope of Serious Irregularity Appeals under Rule 68

Date: Aug 12, 2025
“The Intrinsic-Issue Principle”: Lord Sandison Clarifies the Scope of Serious Irregularity Appeals under Rule 68 1. Introduction Arbitration Appeal No 2 of 2024 concerns a farming partnership dispute...
Wallace v Wallace: Latent Dividend-Tax on Private-Company Wealth as a “Special Circumstance” – A Qualified Departure from Equal Sharing

Wallace v Wallace: Latent Dividend-Tax on Private-Company Wealth as a “Special Circumstance” – A Qualified Departure from Equal Sharing

Date: Aug 12, 2025
Wallace v Wallace: Latent Dividend-Tax on Private-Company Wealth as a “Special Circumstance” – A Qualified Departure from Equal Sharing 1. Introduction The Outer House decision of Lady Carmichael in...
“The Maximum-Separation Principle” – Outer House Clarifies Limits on Continuous Parental Absence and the Treatment of Irrelevant Abuse Allegations in Shared-Care Disputes (JN v SN [2025] CSOH 72)

“The Maximum-Separation Principle” – Outer House Clarifies Limits on Continuous Parental Absence and the Treatment of Irrelevant Abuse Allegations in Shared-Care Disputes (JN v SN [2025] CSOH 72)

Date: Aug 12, 2025
“The Maximum-Separation Principle” Outer House, Court of Session offers new guidance on the optimum length of continuous absence from each parent and on excluding non-germane abuse allegations in...
“Plain-English Judging” and the Threshold for Enhanced Costs: Commentary on Propiteer
            Ireland Ltd v Castlehaven Property Finance DAC & Ors [2025] IEHC 451

“Plain-English Judging” and the Threshold for Enhanced Costs: Commentary on Propiteer Ireland Ltd v Castlehaven Property Finance DAC & Ors [2025] IEHC 451

Date: Aug 12, 2025
“Plain-English Judging” and the Threshold for Enhanced Costs Commentary on Propiteer Ireland Ltd v Castlehaven Property Finance DAC & Ors ([2025] IEHC 451) Introduction The High Court (Commercial...
The Madison Principle: Selective Strike-Out and Flexibility in Option Notice Compliance under Ireland’s Revised Order 19 Rule 28

The Madison Principle: Selective Strike-Out and Flexibility in Option Notice Compliance under Ireland’s Revised Order 19 Rule 28

Date: Aug 12, 2025
The Madison Principle: Selective Strike-Out and Flexibility in Option Notice Compliance under Ireland’s Revised Order 19 Rule 28 1. Introduction Madison Retail Ltd v Carlow SRH Ltd & Musgrave Ltd...

      When Does Time Start to Run? High Court Holds RTB Appeals Run from Deemed Delivery, Not Posting, by Applying s.25 Interpretation Act to s.123 RTA 2004

When Does Time Start to Run? High Court Holds RTB Appeals Run from Deemed Delivery, Not Posting, by Applying s.25 Interpretation Act to s.123 RTA 2004

Date: Aug 12, 2025
New Guidance on Appeal Time Limits: “Issued to the Parties” Means Deemed Delivery, Not Posting, for RTB Appeals Introduction In Friedman v Residential Tenancies Board & Ors [2025] IEHC 477, the High...
Damages for Curable Title Defects: Substitute Performance, Proven Delay Losses, and Recoverability of Trustee Act Costs; Limited Distress Awards via Physical Inconvenience

Damages for Curable Title Defects: Substitute Performance, Proven Delay Losses, and Recoverability of Trustee Act Costs; Limited Distress Awards via Physical Inconvenience

Date: Aug 12, 2025
Damages for Curable Title Defects: Substitute Performance, Proven Delay Losses, and Recoverability of Trustee Act Costs; Limited Distress Awards via Physical Inconvenience Introduction This High...
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