The Sheriff Appeal Court has refused an appeal by a trade union against a sheriff’s decision that tweets it posted about the wages of restaurant workers in Glasgow were defamatory of the restaurant’s parent company after finding that the sheriff was entitled to reach the conclusion he di
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The High Court of Justiciary has quashed a woman’s three convictions in respect of abusive communications and breach of bail offences to which she pled guilty at trial after ruling that she had a severe delusional disorder that prevented her from tendering an effective plea and from being fit
Ronnie Clancy KC continues to analyse the politico-legal fallout of a spy prosecution that went awry. See part one here. In round two of their public relations bout with the director of public prosecutions (DPP) the UK government (HMG) has come out swinging. It has published the three witness statem
Ronnie Clancy KC analyses the collapse of a prosecution in England brought against two men accused of spying for China. The recently abandoned case against two individuals who were due to stand trial on charges of spying for China is by no means the first prosecution to hit the buffers because of na
The Inner House of the Court of Session has refused an appeal by the mother of a child of dual Nigerian-Italian nationality against the grant of an adoption order sought by another Nigerian national living in England in respect of her now nine-year-old son, having found that there was no merit in an
The Employment Appeal Tribunal has allowed an appeal by a London firm of solicitors against a finding that it had unlawfully deducted just over £7,800 in wages from a newly qualified solicitor by failing to make a commission payment due under his contract of employment, after finding that it w
A sheriff has granted an application by a single woman in her late forties to adopt a four-year-old child and dispensed with the consent of her parents after determining that they would be unable to satisfactorily discharge their responsibilities for the foreseeable future and the orders they propos
Andrew Diamond has become managing partner at Lindsays, having been a partner and its head of residential property since 2012. He succeeds Alasdair Cummings, who has stepped aside after 14 years in the role, during which time Lindsays has completed six mergers and seen annual turnover more than trip
A lord ordinary has granted a petition for adoption raised by a separated couple that no longer resided in the same household after finding that it was not necessary for a couple to reside together in order to create an enduring family relationship. Petitioners AB and CD separated in July 2023, two
A judge in the High Court of England and Wales has granted an interim injunction sought by a boxing promoter preventing one of its senior employees from doing work for a rival promotion after finding that there was a risk of irrecoverable damage to the claimants if it was not granted. Claimant Boxxe
The Sheriff Appeal Court has resolved a dispute between the proprietors of two adjoining plots of land in Arbroath over the existence of a servitude of drainage over one of the properties by ruling that there was a servitude over the original drainage route by positive prescription that was not aban
High Court refuses sexual offences appeal based on additional directions on methods of corroboration
A man convicted of various charges of assault, threatening behaviour, and other offences under the Sexual Offences (Scotland) Act 2009 has lost an appeal against two of the charges of which he was convicted based on the directions given to the jury on mutual corroboration. Scott McDonald was made su
The UK’s gender pay gap reporting has helped improve transparency around workplace pay disparities, with many organisations demonstrating measurable progress in narrowing the gap - but the Employment Rights Bill (ERB) will compel large employers to go further by publishing targeted gender pay
Strong-arm tactics against whistleblowers, and over-reaching in litigation, can backfire badly for businesses – with severe consequences, writes Euan McSherry. A recent Scottish court ruling (Martin McGowan v Springfield Properties) highlights the dangers businesses face when using legal inter
A group of homeowners in Motherwell have been successful in an action before the sheriff seeking to interdict the owners of a neighbouring corner property from erecting a boundary wall and electric gate at the front of their driveway after establishing the continued existence of a real burden over t
