Lawyers have voiced their opposition to any entrenchment of remote justice following comments from the Lord President that Scotland's legal system will not return to the status quo. Since the lockdown in March, the Scottish Courts and Tribunals Service (SCTS) has developed new digital court inf
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A Scots lawyer convicted of embezzling more than £20,000 of clients’ money has been struck off the solicitors’ roll by the Scottish Solicitors’ Discipline Tribunal (SSDT). Paul O'Donnell, of Glasgow, pleaded guilty at Edinburgh Sheriff Court in April 2016 to em
Two teenagers who were given custodial sentences after one pled guilty to behaving in a threatening and abusive manner and the other admitted a charge of assault have had their appeals against the sentences imposed rejected. The appellants claimed that the sheriff failed to properly take into accoun
A solicitor who resigned as a partner in a Scots law firm following a dispute about his entitlement to certain payments has failed in his claim against the firm. Judges in the Inner House of the Court of Session allowed an appeal by RGM Solicitors against former partner John Fraser Tait, after rulin
A Scots lawyer convicted of making and sharing indecent images of children has been struck off the solicitors’ roll after being found guilty of “professional misconduct”. Retired solicitor John Urquhart, 68, was found to have dozens of child sex abuse images on his personal computer.
A Scots couple who were left stranded at an Italian airport by a low-budget airline when they missed their return flight home after being held up queuing at check-in and security have successfully sued the carrier. Niall Caldwell and his wife Aileen raised an action against Easyjet after being “ef
Caroline Gardner, Auditor General for Scotland Scotland's courts system is under pressure from budget cuts and increasingly complex cases, according to a new report by Audit Scotland.
A sheriff has allowed a claim by two landowners against their neighbour, whom they averred harmed the wedding business on their land by performing extensive excavation work next to it, to proceed on the basis of pure economic loss based on an intentional or reckless delict of nuisance, but excluded
The Sheriff Appeal Court has granted permission for the exhumation of a teenager’s body for reburial in Monaco, where her parents now reside, after ruling that the Edinburgh sheriff who originally refused the application had not had adequate regard to her parents’ Convention rights. The
The defender in a personal injury case who sought decree that a settlement offer by the pursuer could not be withdrawn impliedly even in a change of material circumstances has had its motion refused by the All-Scotland Sheriff Personal Injury Court in Edinburgh. The pursuer, Maxwell D
Every day, members of the public enter offices, shops, supermarkets, restaurants and gyms. An issue that has arisen of late is how the Scottish courts deal with accidents caused by the condition of something in such premises that is defective, writes Andrew Gilmour. In the case of McCormack v Sports
A Dundee sheriff has refused an appeal by a trust against a decision of the Scottish ministers to allow a community body to exercise the right to purchase derelict land in St Andrews owned by the trust, in the first appeal of its kind in Scotland. Forthtay Ltd Employee Trust, which owned a plot of l
Gillian Wade KC has been installed as the new sheriff principal for Tayside, Central and Fife.
A man convicted of posting a grossly offensive tweet is taking his case to Strasbourg. Joe Kelly, who was labelled an “example case” to deter others from “pressing the blue button” and posting allegedly offensive content, hopes to have his case heard at the European Court of
The UK Supreme Court has ruled that a Scottish man wanted to stand trial in the USA for securities fraud is entitled to a new extradition hearing after the High Court of Justiciary ruled his extradition would not be incompatible with his ECHR rights. It had been argued by counsel for the appellant,
