A man found guilty of murder whose conviction was later quashed following a successful appeal has had a legal bid for compensation for the years he spent in prison refused for a third time. A judge in the Court of Session dismissed the petition for judicial review of a decision to refuse the applica
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A ferry operator that sued the Scottish Government after it unsuccessfully bid for a contract to provide services between the Northern Isles and mainland Scotland has failed in a £12 million damages action. A judge in the Court of Session dismissed the claim by Shetland Line (1984) Limited because
A legal bid to remove the so-called “Independence Camp” from the grounds of the Scottish Parliament will require a further hearing to determine whether such a move will breach the protestors’ human rights. A judge in the Court of Session refused to grant an order for removal until hearing evid
Cameron Shaw A recent decision by Sheriff Peter Braid in Edinburgh, in the case of Summary Application under the Adults with Incapacity (Scotland) Act 2000 by J, Solicitor in respect of the Adult F, will give practitioners food for thought when applying to have themselves appointed as financial guar
The Scottish Government has been found in contempt of court again after prison officers breached, for a second time, an undertaking not to open an inmate’s letters. A judge in the Court of Session described the second breach by the Scottish Prison Service (SPS) as an “affront to the authority of
Cat Maclean In a talk given to the All Party Parliamentary Group on Fair Business Banking at Westminster, Cat Maclean discusses the issue of companies left powerless after their debt has been transferred to vulture funds.
The beneficiaries of a trust fund which was created by a now deceased woman to reduce the impact of inheritance tax on her family have had a petition for rectification of a deed of appointment refused by a judge in the Court of Session. Lord Turnbull ruled that the deed accurately expressed the inte
The agency responsible for the procurement of medical equipment for the NHS in Scotland has secured a court order to conclude a framework agreement with its suppliers after a rival tenderer challenged its award of a contract. A judge in the Court of Session granted the interim order after ruling tha
An owner of land on which electricity pylons have been installed by another party is not entitled to receive a payout for any period when the apparatus was on the land before the date of the grant of the necessary wayleave, a judge has ruled. Lord Glennie in the Court of Session refused a petition b
Two concert pianists who argued that they entered into a partnership with an IT expert with a view to creating gay social network applications for profit have had their claim rejected by a judge. The Court of Session ruled that while the parties had a “common intention” to enter into a business
A bookmaker who claimed that he was “deprived of earnings” because he was not offered a pitch in what he alleged to be a more lucrative part of Musselburgh racecourse on Ladies’ Day has had his case dismissed. Stanley Wood argued that the Musselburgh Joint Racing Committee breached his licence
Douglas Mill A fairly profound development crept under the radar screens of the profession recently.
The Lord Advocate has been refused permission to appeal to the UK Supreme Court after a British businessman wanted by authorities in Taiwan to serve a prison sentence won a human rights appeal against a decision to extradite him. Zain Dean was sentenced to four years imprisonment after being convict
The Ministry of Defence (MoD) has failed in an attempt to have a damages claim against it dismissed in an action brought by the adult stepchildren and grandchildren of a former Rosyth dockyard worker who died from an asbestos-related condition. A judge in the Court of Session allowed the claim to pr
The parents of a baby boy who had his eyes removed after being diagnosed with a rare form of cancer have had an action against their local health board dismissed after claiming they were “fobbed off” by a health visitor when they reported concerns about one of his eyes. A judge in the Court of S