The Grand Chamber of the European Court of Human Rights (ECtHR) has found that the fact that the Minister for Justice in Iceland selected a judge for appointment, in favour of candidates shortlisted by an independent evaluation panel, without providing sufficient reasons, meant that the judicial app
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The claim that juries subscribe to rape myths and are biased against complainants has no basis in empirical fact, a new study has found. The work, undertaken by academics at University College London, is also informed by research that casts serious doubt on the value of mock juries as a proxy for re
Benjamin Bestgen asks us this week to consider just prices. See last week's jurisprudential primer here. Caricatures of fatcat lawyers and greedy shysters lining their pockets through frivolous claims and overcharging clients have linked the legal profession unflatteringly with money for centur
In this article, Mark Conway describes his experience as a party litigant. Mr Conway was convicted and imprisoned in 2017 after defrauding Dundee City Council of more than £1 million, due to a gambling addiction. He represented himself at the High Court after his case was referred to the
A company that sought monies from a former director who sought to bring derivative proceedings against it under section 266 of the Companies Act 2006 has successfully appealed the decision of the sheriff to grant leave for such proceedings. Kenneth Sinclair, the pursuer and responden
Benjamin Bestgen this week considers the moral obligations of companies. See his last jurisprudential primer here. Lawyers often keep their views on the moral qualities of their clients or clients’ actions to themselves. Morality, many think, is subjective, particularly as differentiating neat
Carly Forrest, Lauren Kerr and Craig Fulton of Brodies look ahead to Scottish gyms reopening in September. When social distancing measures were introduced in March, we were only allowed to leave our homes for four reasons: medical needs, shopping for basic necessities, travel to and from work (
In his latest jurisprudential primer, the third on neurolaw, Benjamin Bestgen details more technologies on the horizon which the law will have to get to grips with, including 'brainhacking' and 'memory engineering'. In the “Morty’s Mindblowers” episode of the cartoon seri
Benjamin Bestgen considers 'mind-reading' technology and the law in his latest jurisprudential primer. Read the last one here. Imagine your annual review comes up and your supervisor presents you with a chart, depicting data collected by a little electroencephalogram (EEG) device built into the head
Scotland will struggle to reach its net zero carbon targets unless Holyrood takes a swift and stronger grip on planning policy surrounding the deployment of taller turbine models, as well as a permissive approach to repowering of first-generation onshore windfarms with the latest technology, writes&
Construction lawyer Lisa Dromgoole considers the parallels between Hearts and Partick Thistle’s legal battle with the SPFL and alternative dispute resolution in the building sector. It's not often that a construction lawyer has cause to consider the world of football, or not this construction
The UK government should act immediately to deal with a "pandemic of misinformation" that poses an existential threat to our democracy and way of life, according to a report of the Lords' Committee on Democracy and Digital Technologies. The committee said online platforms are not "inherently ungover
A tenant of a local authority housing site in Motherwell has successfully sought a review of the decision not to allow her to amend her pleadings in an action for damages against her landlords. Caroline Cowan had a secure tenancy of a property in the Watling Street development in Motherwell, wh
Janet McIntyre and Gary Thomas summarise the details of emergency legislation introduced in Scotland to prevent the eviction of commercial tenants who are unable to pay their rent because of the COVID-19 outbreak. Irritancy is a remedy for landlords to terminate a lease early when tenants are in bre
The Supreme Court has allowed an appeal by Barclays Bank and held that they were not vicariously liable for any sexual assaults committed by a doctor who performed medical examinations on their behalf. It had been previously held in the High Court in 2017 that the bank was vicariously liab
