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  • Commentaries

sienkiewicz-v-greif-(uk)-ltd:-upholding-the-fairchild-barker-exception-and-rejecting-the-& Case Commentaries

“Reasonableness” as the Shield: When Local Authorities Escape Liability for Expenses in Child-Protection Interdicts

“Reasonableness” as the Shield: When Local Authorities Escape Liability for Expenses in Child-Protection Interdicts

Date: Aug 20, 2025
“Reasonableness” as the Shield: When Local Authorities Escape Liability for Expenses in Child-Protection Interdicts 1. Introduction Case: "A" Council for Interdict ([2025] CSOH 78), Opinion of Lord...
Continuing trustees retain title and interest to oppose a judicial factor’s proposals where the estate has not been sequestrated

Continuing trustees retain title and interest to oppose a judicial factor’s proposals where the estate has not been sequestrated

Date: Aug 20, 2025
Continuing trustees retain title and interest to oppose a judicial factor’s proposals where the estate has not been sequestrated Introduction This commentary analyzes the Outer House decision of the...
“Solid Practical Benefit” and “Proper Case” Reaffirmed: Irish High Court tightens Order 11 service‑out for foreign judgment enforcement absent an Irish nexus

“Solid Practical Benefit” and “Proper Case” Reaffirmed: Irish High Court tightens Order 11 service‑out for foreign judgment enforcement absent an Irish nexus

Date: Aug 19, 2025
“Solid Practical Benefit” and “Proper Case” Reaffirmed: Irish High Court tightens Order 11 service‑out for foreign judgment enforcement absent an Irish nexus Case: Petersen Energia Inversora SAU &...
“Hollow” Cross-Undertakings and Operational-Control Injunctions: A Commentary on Yodel Delivery Network Ltd v Corlett & Ors [2025] EWCA Civ 1108

“Hollow” Cross-Undertakings and Operational-Control Injunctions: A Commentary on Yodel Delivery Network Ltd v Corlett & Ors [2025] EWCA Civ 1108

Date: Aug 18, 2025
“Hollow” Cross-Undertakings and Operational-Control Injunctions: A Commentary on Yodel Delivery Network Ltd v Corlett & Others [2025] EWCA Civ 1108 1. Introduction The Court of Appeal’s decision in...
Sentencing Hierarchy Confirmed: Rape of a Young Child Merits Significantly Higher Penalties – Commentary on H.M. Advocate v. McMahon & Lambert [2025] HCJAC 34

Sentencing Hierarchy Confirmed: Rape of a Young Child Merits Significantly Higher Penalties – Commentary on H.M. Advocate v. McMahon & Lambert [2025] HCJAC 34

Date: Aug 18, 2025
Sentencing Hierarchy Confirmed: Rape of a Young Child Merits Significantly Higher Penalties – Commentary on H.M. Advocate v. McMahon & Lambert [2025] HCJAC 34 1. Introduction The Scottish High Court...
Pojda v Lord Advocate: Scottish High Court Re-Affirms the “Exceptionally Severe” Article 8 Threshold in Extradition Cases

Pojda v Lord Advocate: Scottish High Court Re-Affirms the “Exceptionally Severe” Article 8 Threshold in Extradition Cases

Date: Aug 18, 2025
Pojda v Lord Advocate (No 2) [2025] HCJAC 33: Scottish High Court Re-Affirms the “Exceptionally Severe” Article 8 Threshold in Extradition Cases 1. Introduction The High Court of Justiciary, sitting...
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...
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...
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