Mike Dailly Solicitor advocate Mike Dailly suggests a solution to the problem of competing governing clauses.
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Graham Reid It will be interesting to see whether the recent fine of £5 million on the operator of Alton Towers has any influence on the future approach to be taken by Scottish courts in health and safety sentencing, writes Graham Reid.
The Sheriff Appeal Court has quashed the conviction of a woman fined £100 for shouting and swearing and making a homophobic remark to a female complainer after finding that the justice of the peace had not adequately explained in her verdict why she preferred the evidence of the complainer. El
The High Court of Justiciary has answered in the negative two questions relating to whether the Crown had acted unlawfully in the separate prosecution of two teenagers in Dundee Sheriff Court by acting in a manner said to be unlawful under the United Nations Convention on the Rights of the Child (I
Child welfare hearings should call in person in sheriff courts, according to new guidance produced by the sheriffs principal. For all family actions commencing after 13 July 2022, the interlocutor will direct that the first child welfare hearing will call in person. Should a party wish to participat
The long-awaited Supreme Court judgment in Villiers v Villiers [2020] UKSC 30 has been handed down this morning. SKO's Rachael Kelsey has acted for the successful respondent, Mrs Villiers, since 2014 and gives a short summary of the 74-page decision. What was it about?
Willie McIntyre Several readers have contacted SLN to raise their concerns about the utterly inadequate legal aid rates of pay proposed for the new Sheriff Appeal Court in Edinburgh.
A recurring theme in commercial litigation is the attempt by a defender to escape liability by asserting that the “wrong party” was sued. This argument often surfaces where goods or services were supplied under an apparently straightforward commercial arrangement, but invoices were issue
A new-look digital guide to the Scottish justice system has been launched to help people understand the different processes as well as find up-to-date information. It is part of a collection of free online resources created by Community Justice Scotland (CJS) to help people understand the complexity
Glasgow Sheriff Court held a small reception to celebrate the successful first year of a university mediation initiative. Since February 2014 the University of Strathclyde Mediation Clinic has provided a free mediation service to party litigants in the small claims court each Friday afternoon.
A sheriff in Oban has ruled that a man who persuaded his former romantic partner to pay him £140,000 for a plot of land she never received was liable to repay her the whole sum following his failure to convey title. Lorraine Ludman, a Scot living and working in Dubai, argued she and the defend
A Scots lawyer who specialises in dealing with serious organised crime has been revealed to be a drug dealer. Amanda Lothian, 65, was convicted of selling nearly £87,000 of ketamine from her own house in an Aberdeen suburb.
An annual mock trial supported by Scots lawyers to help promote legal education in schools will take place this weekend. The Edinburgh Schools MiniTrials will see children from eight local secondary schools taking part in mock criminal trials, which will be presided over by members of the Faculty of
A law enforcement department has been caught allegedly handing out badges and credentials in exchange for bribes. Sheriff Scott Howard Jenkins, 51, of Culpeper County, Virginia – an elected official – is accused of appointing various men as auxiliary deputy sheriffs in exchange for cash
Scottish ministers have appointed 15 part-time sheriffs and 17 part-time summary sheriffs. The new part-time sheriffs are: Robert Carr, Duncan Hamilton QC, Kirsty Hood QC, Krista Johnston, Gareth Jones, Neil Kinnear, Mark Lindsay QC, Scott Manson, Christian Marney, Robert More, James Mulgrew, Iain N
