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As Scotland’s incorporation of the UN Convention on the Rights of the Child begins to take effect, early cases are exposing tensions between children’s rights, data protection law and parental involvement – leaving courts to navigate complex and, at times, unforeseen legal conflict

A disabled man who alleged his local authority had breached the Equality Act 2010 by offering him a third-floor flat in the knowledge of his severe mobility issues has been refused permission to amend his pleadings to include an additional averment of disability discrimination after a sheriff found

The Crown Office has lodged a first notice to begin the court process for a fatal accident inquiry into the death of Hannah McInally. Hannah McInally, 24, from Aberdeen died in Aberdeen Royal Infirmary on 23 November 2021 following complications of an undiagnosed ruptured ectopic pregnancy.

A fatal accident inquiry (FAI) is to take place into the death of a 72-year-old prisoner in HMP Inverness in 2024. The Crown Office and Procurator Fiscal Service (COPFS) has lodged a first notice to begin the court process for an FAI into the death of John Calderwood Gallagher.

A husband and wife who breached a position of trust to abuse vulnerable foster children in their care have been jailed. Barbara and Douglas Daniel were found guilty of subjecting six children - aged between four and 14 - to cruel and unnatural treatment between 1986 and 1991.

Mediation could play a far bigger role in Scottish civil justice – that was the message from a symposium in Edinburgh last week, bringing together judges, practitioners and international experts. Hosted by University of Strathclyde Mediation Clinic and Scottish Mediation, with support from the

A serving prisoner convicted of possession of an improvised bladed article in his prison cell at HMP Perth has lost an appeal against his conviction on the basis of prejudice and misdirection by the trial judge after she initially gave the jury a direction on another offence of possession of a weapo

A new report has called on the Scottish justice system to modernise the ‘antiquated’ way it cites witnesses to attend court. Inspectors from HM Inspectorate of Prosecution in Scotland (IPS) and HM Inspectorate of Constabulary in Scotland (HMICS) carried out a joint review into

A schizophrenic man imprisoned for 10 months and made subject to notification requirements under the Sexual Offences Act 2003 after he claimed to the father of an 11-year-old girl that she wanted him to molest her has had a Bill of Suspension seeking his removal from the sex offenders’ registe

The Crown Office has lodged a first notice to begin the court process for a fatal accident inquiry into the death of 24-year-old Reece Sweeney, who died on 20 June 2023 within HMP Shotts. Mr Sweeney was in legal custody and in the care of the state at the time of his death.

The Scottish Criminal Cases Review Commission has referred the case of WX to the High Court of Justiciary. In 2010, the applicant pled guilty to a charge of breach of the peace. The applicant received a fine of £300. The sentencing sheriff concluded that there was a "significant sexual aspect"

The death of a lorry driver could have been avoided if a number of precautions had been taken, a fatal accident inquiry has found, James Murray, 54, died on 23 August 2022 when his lorry overturned near junction 1 of the M8, close to the Hermiston Gait roundabout in Edinburgh, after the load in his

Will Cole surveys recent irritancy cases in the wake of a new judgment. In Scotland, commercial tenants who breach their lease obligations may find their leases terminated by “irritancy”. Since the 1980s, the lease provisions in question have been rendered less draconian by provisions in

The Upper Tribunal for Scotland has refused a tenant permission to seek recall of an eviction order after ruling that the tenant not having legal representation at the hearing before the First-tier Tribunal was not sufficient to demonstrate that she did not have a meaningful opportunity to present h

A commercial judge hearing two test cases concerning repayment of bursary money paid to dentistry students in exchange for a commitment to future NHS work has ruled that both dentists were liable to repay parts of the payments after exceeding the permitted level of private work to avoid repayment. A