Will Cole considers some recent developments in ADR north and south of the border from a Scottish perspective, including the Court of Appeal’s recent decision in Churchill v Merthyr Tydfil, and the implications for commercial litigation in Scotland. Since the turn of the century, the courts in
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The number of criminal legal aid solicitors dropped from 1,459 in 2007 to 966, the Scottish Solicitors Bar Association (SSBA) has said as it warned the system was heading for collapse. The Scottish government's public spend on legal aid has declined by 45 per cent, allowing for inflation, over the p
A round-up of human rights stories from around the world. Israel Hamas war: UN say women and children main victims of conflict as IDF hit Damascus
Pursuer in group of actions allowed to continue case on limited basis despite dismissal of lead case
A lord ordinary has ruled that a case raised by a tenant of flats alleged in a group of actions to have contained harmful gases inhaled by their occupants was not an abuse of process, after it was ruled in the lead case that the defender was not in breach of duty, and allowed her to proceed with her
Vaunted legislation incorporating UNCRC into Scots law falls short of expectations, writes Professor Elaine E Sutherland. The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 is something of a disappointment in the light of the ambitious plans that preceded it
A man convicted of purchasing an illegal sawn-off firearm in Glasgow has lost an appeal against his conviction for offences under the Firearms Act 1968 in the High Court of Justiciary. Francis Mooney argued that the trial judge was wrong to repel a submission of no case to answer, as while there was
The Upper Tribunal for Scotland has dismissed a repairing standard application raised by two tenants against the creditor of their former landlord after an appeal was made against the First-tier Tribunal’s decision that the creditor could be regarded as the landlord for the purposes of the app
Home Secretary James Cleverly has laid a draft order before Parliament to proscribe the international Sunni Islamist political organisation Hizb ut-Tahrir under the Terrorism Act 2000. If agreed by Parliament, the order will come into force on 19 January 2024. This means that belonging to, inviting
A petition by a company seeking review of a decision by HMRC not to allow it a late claim for Research and Development Credit has been refused by a judge in the Outer House of the Court of Session. Bureau Workspace Ltd argued that HMRC erred in law by refusing to process the claim because it was not
A Jedburgh sheriff has ruled that a homemade will by a woman that was signed only at the front of the document could not be cured by the court of defects that removed its testamentary effect. Pursuers Christopher Knapman and Patrick Wadeson sought to cure defects of execution in the purported will o
The Inner House of the Court of Session has ruled that the Scottish Information Commissioner was correct to determine that the Scottish ministers held information stored in a restricted system for an independent advisor concerning an investigation into whether former First Minister Nicola Sturgeon h
I try to avoid criticism of political figures on social media – but like most people I can be provoked beyond endurance. Last week First Minister Humza Yousaf attended an event at the University of Strathclyde at which the consultation on a Scottish Human Rights Bill was discussed. I am very h
A final appeal by an American man who had resisted his extradition to the USA on the basis that he was not the person named in two extradition requests has been refused by the High Court of Justiciary. Nicholas Rossi challenged the decision of the Scottish ministers to extradite him for trial in the
A man who was jailed for 12 years for repeatedly abducting another man when he was a teenager and subjecting him to sexual abuse has lost an appeal against conviction and sentence before the High Court of Justiciary. Scott Faulkner, who received a cumulo sentence of 12 years’ imprisonment in r
A round-up of human rights stories from around the world. Polish abortion verdict violated rights of pregnant woman, human rights court rules
