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Graham Johnston and Elizabeth McFarlane reflect on 25 years of the Family Court in Glasgow.  The introduction of divorce into the Sheriff Court in 1984 had a dramatic effect on the number of ordinary civil cases in the court. The sudden inflow of divorce cases (something in the region of 13,000

A judge in the Outer House of the Court of Session has determined that an Icelandic woman who was divorced from her husband by decree in absence in Dunfermline Sheriff Court in 2021 was entitled to have that decree reduced. Linda Hafthorsdotir sought to reduce her divorce from Bjarni Eyvindsson, aft

Dr Andrew Forde responds to the furore over Ireland's intention to intervene in cases brought against Israel and Myanmar under the Genocide Convention. On 11 December, Tánaiste and Minister for Foreign Affairs Micheál Martin announced Ireland’s intention to intervene in the

The Sheriff Appeal Court has recalled an interlocutor dismissing a breach of contract action raised by a son after his father removed him as director of one of their companies and had the business wound up against an implied term of a previous verbal contract between the two. It was averred by Gerar

A former company director has successfully appealed a sheriff’s preliminary dismissal of an action for payment against a man who agreed in principle to buy his shares in the company he directed and only paid him £1,000 of the intended purchase price. Pursuer and appellant Edward Leishman

New silk Usman Tariq KC reflects on his career so far and his hopes that others will follow in his path. On 23rd September 2024, at the opening of the legal year in the Court of Session, I had the honour of being welcomed to the rank and dignity of King’s Counsel.

Criminal barristers in Northern Ireland are to stage a one-day strike and begin to refuse serious cases in pursuit of an increase in legal aid fees. Following a ballot earlier this month, the Criminal Bar Association (CBA), which represents criminal barristers within the Bar of Northern Ireland, wil

Dr Erin Ferguson explores how SLAPPs threaten the right to know and why legal reform is needed. 28 September was the International Day for Universal Access to Information (aka International Right to Know Day). This is a day to commemorate the development of freedom of information (FOI) laws and

The High Court of Justiciary has added three years to the sentence of a 27-year-old man convicted of four charges of rape against two former partners after a Crown appeal against his sentence. Respondent CM was given an in cumulo sentence of six years’ imprisonment by the trial judge on 27 May

The ‘new’ Electronic Communications Code came into force at the end of 2017. It is a schedule to the Communications Act 2003. It governs telecoms masts and other ‘electronic communications apparatus’; specifically, relations between their operators and the owners or tenants o

David J Black traces the highs and lows of the Edinburgh Festivals in the second part of his prolonged lament on their decline. Read the first here. The chemistry between the official Festival and the Fringe was, at times, diplomatically awkward, yet the relationship had benefits for both. With bril

A pensioner’s petition challenging decisions of the Secretary of State for Work and Pensions to make deductions from his pension credit for loans he received during 2006 and 2007 has been refused by the Outer House of the Court of Session. It was contended by petitioner Alan Houston that state

Arthur Cox NI partner William Curry considers a recent English court ruling highlighting the importance of precise legal drafting in ensuring there is no scope for ambiguity.  For anyone involved in the drafting, negotiation and implementation of contracts, it is vitally important that all part

New PEO rules still fall foul of the Aarhus Convention, writes Ben Christman.  The Scottish Civil Justice Council (SCJC) published an amendment to Scotland’s Protective Expenses Order (PEO) rules on 28 June 2024. This amendment followed repeated criticism of the cost of litigation over th

On the 1st of May Sir Sajid Javid initiated a parliamentary debate on the UK’s abysmal record on the care and treatment of ME/CFS patients, whose ranks are now much augmented by Long Covid sufferers. There was an almost identical debate held in February 2018 in which the member for Glasgow Nor