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The Court of Appeal of England and Wales has ruled that a party with an express right to terminate a contract could not lose that right in circumstances where it continued to perform following the termination in circumstances where it did not know that it had that contractual right, in an appeal by

Paul Motion considers whether motions for dawn raid orders should always be video recorded. Of all orders the Scottish civil courts are empowered to make, arguably the most intrusive, invasive and distressing are orders under Section 1 of the Administration of Justice (Scotland) Act 1972. These orde

Thomas Ross KC examines the collapse of the Bayoh inquiry. The resignation of Lord Bracadale from his position as chair of the Sheku Bayoh inquiry after 122 days of evidence – followed by the mass resignation of all the counsel to the inquiry three days later – no doubt led the public to

For those of us who live in or commute to Scotland’s major towns and cities to work, our encounters with the countryside are often brief – and usually recreational.  Of course, the rural and agricultural sector has been crucial to the country’s economy for centuries, with 80 p

A lord ordinary has granted interim possession and interdict in respect of a property forming the sequestrated estate of an elderly man in Edinburgh after finding that it was possible that there was still a risk of unlawful occupation of the property if an order was not made. The Accountant in Bankr

It was unsurprising that the announcement of the winner of a Scottish literary award earlier this month received media attention. What was rather more noteworthy about this event was that it was reported in Scottish Legal News. The recipient of the McIlvanney Prize (named in memory of the late Willi

A Stirling sheriff has granted decree of divorce on the ground of irretrievable breakdown between a couple who occupied a rented council property after a physical altercation in January 2024 but refused to allow a transfer of the tenancy from the defender to the pursuer after finding her case to be

The latest announcement in the incredible delay into implementing alternative business structures is scrutinised by Brian Inkster. The Law Society of Scotland has announced that they were deferring work on Licensed Legal Service Providers (LLSP), commonly referred to as Alternative Business Structur

A contractor has been awarded just over £558,000 in damages after a lord ordinary determined that he was wrongfully interdicted by a housebuilding company which was prosecuted for health and safety offences after interdicting the pursuer from repeating allegations about the presence of asbesto

When Jamila Archibald was named the Law Society of Scotland’s In-House Rising Star earlier this year, then-president Susan Murray was glowing in her endorsement. Ms Archibald had, she said, impressed the judges not just with her ability to “deal with cross-jurisdictional legal queries wh

An Edinburgh sheriff has determined that two relatives of a man wanted to face trial in Canada for manslaughter could also be extradited with him after taking the view that their conduct following the crime would have constituted the offence of attempting to defeat the ends of justice in Scotland. B

A Lord Ordinary has recalled a petition by two companies seeking to reclaim computer code from two former employees on the basis that they had breached confidentiality and infringed their copyright after finding that the petition had been granted without full disclosure. PE Ltd and another company s

A couple who claimed they were wrongfully detained by Nottinghamshire Police in 2019 after they acted on allegations of child abuse and poisoning from their eldest child, from which no prosecution resulted, have lost the majority of their appeal against a County Court decision to dismiss a claim for

Elaine Motion, one of Scotland's leading litigation lawyers, has reflected on some of the "extraordinary" cases she has been involved with as she retires after more than 30 years with Balfour and Manson. The civil liberties and human rights specialist is best-known for the 'Brexit cases' – whi

A sheriff has dismissed a simple procedure claim for an alleged unpaid sum of £3,600 raised by a radio station operator against a glamping business that cancelled its advertising contract with the station after the business was misnamed during radio broadcasts, after finding that the responden