The Scottish Law Commission has recently issued a discussion paper, dealing with a number of aspects of the law of leases, and especially the termination of commercial leases. The Scottish Law Commission deserve more thanks than they often get for the efforts which they put into trying to improve an
Search: Scottish syndicate purchased land 1901 for £5000
A Scottish local authority which raised an action for £12 million in damages over the loss of a social housing development claiming that a firm of architects appointed as lead consultant had “assumed responsibility” for the other contractors’ negligence has had its claim dismissed following a
A Scottish local authority which failed to provide an adequate plan to support an autistic child’s return to secondary school breached its duty not to discriminate on the grounds of disability. The Inner House of the Court of Session refused an appeal by Edinburgh City Council against an Additiona
A Scottish woman who was struck by a motorcyclist after an afternoon of drinking in a pub while on holiday in Spain will have any damages awarded to her reduced after she was found to have “materially contributed” to the accident. A sheriff in the All-Scotland Sheriff Personal Injury Court ruled
A Scottish bus driver facing extradition to Dubai to serve a sentence of 12 months’ imprisonment following his conviction of crimes of dishonesty has successfully challenged a bid to remove him to the United Arab Emirates after he argued that his human rights would be breached. Garnet Black, 64, f
A Scottish man accused of committing first-degree murder in Florida has had his complaints to Strasbourg that his Convention rights would be violated if he were extradited declared inadmissible. The case Harkins v the United Kingdom concerned the extradition of a British national to the US to face t
A Scottish national park authority has successfully challenged a sheriff’s decision to allow an appeal by an estate owner who had taken to steps to prevent or deter members of the public from accessing the land. The Sheriff Appeal Court ruled that the sheriff’s approach to the evidence on the ti
A Scottish local authority has been granted a court order to bury the mummified remains of a couple who died decades ago. Hilda Marcel and her husband Eugenios Marcel died in 1987 and 1994 respectively, but their son Melvyn Marcel delayed their burial and stored their bodies until he could build a m
A Scottish local authority that was granted a permanence order in respect of a child, but challenged a sheriff’s decision to order that contact take place between the boy and his father four times a year rather than two, has had its appeal refused in the first published civil case judgment of the
A Scottish conveyancing solicitor who acted in a series of transactions where the loan paid by the mortgage lender to the purchaser of the property “significantly exceeded” the actual price paid to the seller has been found guilty of “professional misconduct”. Sheena Savage, a former anti-mo
A Scottish law firm which sued a former corporate client for payment of over £100,000 in unpaid legal fees has won its action after the company lost an appeal. The Inner House of the Court of Session upheld a judge’s decision that the firm was entitled to payment of their fees and that a counterc
A Scottish businessman who helped develop the fastest selling entertainment product in history is suing his former employer for $150 million, alleging he was removed by “deception”. Leslie Benzies was the former boss of Rockstar North and director of the video game Grand Theft Auto V.
A Scottish legal firm has successfully challenged a decision of an arbiter to make an award in favour of a former partner who raised an action against his ex-colleagues following resignation from the partnership. A judge in the Court of Session ruled that the arbiter acted “ultra vires” and “c
A Scottish solicitor who entered into a sexual relationship with a “vulnerable” client has been found guilty of professional misconduct. The unnamed lawyer was fined £5,000 by the Scottish Solicitors Discipline Tribunal (SSDT) for “acting in a manner that raised issues as to his trustworthine
The understandable furore over the wrongful conviction of Andrew Malkinson on a charge of rape in the English High Court has led to calls from many eminent lawyers for a public inquiry. The failures of the police, the Crown Prosecution Service and the Criminal Cases Review Commission add up to a dis
