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The nieces of a deceased Irish citizen who executed her will in Scotland have failed in their application to have the writing on the back of an envelope containing a copy of the will recognised as an adjunct or codicil to it. Christina Cummins and Bridget Tierney, the nieces of the late Mary Downey,

Former sheriff Douglas J. Cusine asks where the responsibility lies in Scotland's malicious prosecution scandal, the greatest crisis in the history of the Crown Office. In his recent article, Douglas Mill, in a semi-jocular way, makes an extremely important point about what the Crown has accepted wa

A Scots lawyer who became embroiled in a “tense and heated” exchange of emails with a former client in which the solicitor said “what would you expect from a pig but a grunt” has been found guilty of “professional misconduct”. Ross Porter, 56, was censured by the&

A Scottish solicitor who failed to progress a case on behalf of a client who was suing his former employer has been fined £7,500. Quinton Muir, 51, was found guilty of “professional misconduct” by the Scottish Solicitors’ Discipline Tribunal (SSDT) over his failure

Two men charged with fraud who claimed that the Scots law provision restricting their right to put the Crown to the proof of facts breached their right to a fair trial have had an appeal refused. A seven-judge bench in the Criminal Appeal Court held that section 258(4A) of the Criminal Procedure (Sc

Lucy Keane Scottish advocate, Lucy Keane recently celebrated her admission as an Attorney and Counselor-at-Law in the State of New York. Speaking after her admission ceremony in Albany, New York, Ms Keane said: “ I was delighted to pass the New York Bar Exam at the first attempt - it’s certainly

A client of a Scottish legal firm who failed to pay the purchase prices for three houses but claimed that solicitors “acted without his authority” in concluding the missives for the properties is suing the lawyers for nearly £200,000 after he settled an action brought against him by the develop

A Glasgow sheriff has ruled that a £70,000 payment by a deceased father to his youngest son in 2009 was not a loan and did not impose a repayment obligation on the son, now also deceased, after an action was raised by his elder brother seeking repayment. Pursuers Jonathan Russell, the eldest s

A former sheriff has questioned whether the rule of law is actually at work in Scotland amidst the problems plaguing the Salmond inquiry. Scottish Legal News spoke to former sheriff, Kevin Drummond QC, who said that the Scottish Parliament seems unable to investigate "a relatively uncomplicated issu

Scottish legal figures have been recognised in the Queen’s New Year’s Honours list. Lord Mulholland, the former Lord Advocate, Frank Mulholland QC (pictured right), was made a CBE “For services to Law in Scotland.”

In the circumstances of a personal injury case where the claimant already owes money to the defender, what is the mechanism by which a defender can include the entirely unrelated debt within the proceedings to avoid becoming liable to make payment to a person who already owes them money? In England

A party to a legal action who was ordered to pay £150,000 to a Scots lawyer who was suspended from practice has had the decree which was granted in his absence reduced. A judge in the Court of Session ruled that the initial writ served by the solicitor was “defective” because he had been suspen

Consumers have been advised to be alert as a sinister new scam purporting to be from Edinburgh Sheriff Court circulates Scotland. People are being contacted by bots which spoof what seems to be an official phone number and demand outstanding payments on fines in a bid to secure personal financial in

It is understood that the firm will be seeking leave to appeal. The success fee provisions of an agreement between a Scottish law firm and its clients in a multi-million pound commercial action and the terms agreed by the firm when it instructed an advocate to act in the case were “illegal and