All of Scotland's judges and sheriffs are set to receive specific training on domestic abuse ahead of the commencement of new legislation criminalising physical and psychological abuse of partners or ex-partners. The Judicial Institute for Scotland, the body responsible for educating and training Sc
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The law "still has trouble seeing children as real people", the president of the Supreme Court, Lady Hale, has said. The senior judge reflected on the human rights of children and people with mental disabilities as she delivered the Society of Legal Scholars Centenary Lecture 2018 at the University
An Irish-American lawyer and former White House adviser has said the Irish-American community could deploy its "political strength" to block a post-Brexit UK-US trade deal if a hard border returns to Ireland. Writing for BuzzFeed News, Brian O'Dwyer of New York law firm O'Dwyer & Bernstien said
Lord Neuberger, former president of the UK Supreme Court, has said there is a "powerful argument" that the Brexit process cannot be halted without legislation. The retired judge presided over the court's ruling two years ago that Parliament had to approve the triggering of article 50 of the Treaty o
Hundreds of students have signed a petition calling on the University of Oxford to sack a law professor with "extremely discriminatory views against many groups of disadvantaged people". John Finnis, emeritus professor of law and legal philosophy, retired in 2010 but continues to co-teach seminars f
The Law Society of Scotland has called for an "evidence-based review system" to ensure the sustainable future of the Scottish legal aid system. Alison Atack, president of the Law Society, said it is "essential that we have a legal aid system that ensures people across Scotland can access the legal a
Justice Secretary Humza Yousaf appears to have ruled out a new approach to child witnesses that would prevent them from having to give evidence more than once, The Herald reports. The Scottish government is considering an approach inspired by the "Barnahus" (Children's House) model in Norway, where
The Scottish government has said it is still considering a public inquiry into the death of Kirkcaldy man Sheku Bayoh in police custody in 2015 following a new BBC documentary about the case. BBC Scotland broadcast CCTV footage of Mr Bayoh's arrest for the first time last night in the Disclosure: De
The House of Lords is set to overhaul its disciplinary processes next year to better support complainants in the wake of sexual harassment allegations against Lord Lester of Herne Hill QC, The Times reports. The 82-year-old peer and former barrister resigned from the Lords last week ahead of a vote
The number of tenancy deposit cases now being heard by the Scottish First-tier Tribunal indicate a similar specialist court in England would have to deal with up to 1,200 deposit protection cases each year, according to the chair of the Tenancy Deposit Scheme (TDS). Last month the UK Government laun
Scottish spending on legal aid fell by more than eight per cent to a total of £124.4 million last year, the Scottish Legal Aid Board (SLAB) has said. The fall in spending is linked to a lack of demand rather than a reduction in funding or the level of fees, but still paints a challenging pictu
American lawyer David Rudolf, whose client Michael Peterson was the focus of the Netflix hit The Staircase, compared notes on criminal justice with Donald Findlay QC on the Edinburgh stop of his ongoing tour. Scotland's "not proven" verdict was among the subjects they discussed in the Queen's Hall a
A major judge-led review of the administration of justice in serious sexual offence cases in Northern Ireland has issued 220 draft recommendations for consultation, including the provision of publicly-funded legal advice to complainants and restricted public access to trials. Sir John Gillen, a reti
Rebecca Barrass provides an insight on a Court of Appeal ruling into a ‘smash and grab’ construction case. Back in March of this year, we issued an update “Smash and Grab”: where are we now? following Mr Justice Coulson’s decision in S&T (UK) LTD v Grove Development
Action is underway to improve the management of prisoners serving the end of their custodial sentence at home, Justice Secretary Humza Yousaf has said. It follows the publication of two inspectorate reports into the Home Detention Curfew (HDC) scheme, which allows for prisoners to be relea
