A protester has claimed he was arrested for wearing a “Plasticine Action” T-shirt at a demonstration in Parliament Square in London on 9 August. Miles Pickering, an engineer from Brighton, was among 532 people detained at the protest. He said he was arrested under section 13 of the Terro
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The family of a railway worker who died after contracting an asbestos-related illness will have their action for damages heard by a jury after a judge in the Court of Session ruled that their claim was not excluded from jury trial. The pursuers Andrew Mitchell and others, relatives of the late Walte
The regulatory body for social workers in Scotland has successfully challenged a sheriff’s ruling that proceedings before its conduct sub-committee “engaged” article 6 of the European Convention on Human Rights. Sheriff Principal Alastair Dunlop QC (pictured) allowed the Scottish Social Servic
John Forsyth John Forsyth discusses the issues surrounding the remit of the Scottish Sentencing Council, which is to be constituted later this year.
A patient at a psychiatric treatment facility who sought judicial review over the failure by the Scottish Government to draft and lay regulations to allow him to challenge the level of security of his detention has had his petition dismissed. The UK Supreme Court ruled in 2012 that the failure by th
Thomas Ross The SLN Spotlight this week falls on Thomas Ross, advocate and president of the Scottish Criminal Bar Association.
Lord Uist An offer by a party to settle a case out of court by making a payment of provisional damages “inherently carries with it an admission of liability”, a judge in the Court of Session has ruled.
A man accused of sexually abusing his niece and nephew has been acquitted after a judge upheld a “no case to answer” submission. Lord Uist ruled that the “Moorov” doctrine could not be applied to corroborate the conduct libelled in the two charges.
Former boxer Scott Harrison is to be extradited to Spain to serve a prison sentence for two assault convictions after a sheriff granted a warrant sought by the Lord Advocate. The former WBO Featherweight Champion was sentenced to four years imprisonment by a court in Malaga in 2012 and a European Ar
A “prominent” professional sportsman has been granted an injunction preventing a newspaper publishing a “kiss and tell” story about a sexual relationship he had with another woman before he was married. A judge at the High Court in London granted the application by the un-named married coupl
On Liberty by Shami Chakrabarti On Liberty, by Shami Chakrabarti is published by Allen Lane, £17.99, pp208.
Willie McIntyre
An “overstayer” who claimed that his removal from the UK to India would breach his human rights because he was engaged to a British woman has had a petition for judicial review dismissed. A judge in the Court of Session refused a challenge to a ruling that even if the petitioner was in such a re
A father-of-two who claimed his wife abducted their children and “wrongfully removed” them from Australia to Scotland has had an application for their return to New South Wales refused. A judge in the Court of Session ruled that the the father had “acquiesced” in the mother’s wrongful remo
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