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A teenager who was sentenced to 18 months’ detention after being convicted of assault has had his custodial sentence quashed following an appeal. The High Court of Justiciary Appeal Court imposed a community payback order (CPO) after ruling that the sheriff erred in his approach to s

Sheriff Ross Macfarlane QC, artistic director of the Faculty of Advocates choir, writes on the humble beginnings of its annual Christmas carol charity fundraiser. It all started so innocently… November 1996: I was a fairly new advocate and having a cup of tea in the advocates’ reading r

The BarristerBlogger, Matthew Scott, takes a comprehensive look at the European Court of Human Rights' recent blasphemy judgment and finds it severely wanting. The decision of the Fifth Section of the European Court of Human Rights in the case of E.S. v. Austria has been welcomed by Islamists i

A man found guilty of attempted murder after fire-bombing two houses in a revenge attack following an assault on his younger brother has had an appeal against conviction rejected. Naveed Iqbal, who originally faced trial along with three others, was sentenced to 16 years’ imprisonment for inst

More than just a lawyer? Savings and Investments – Wednesday 17 October 2018, Brewin Dolphin, Edinburgh If you want to gain a better understanding of how to make your money work harder then look no further. Join Brewin Dolphin's expert panel for an interactive talk on savings, stock markets an

The Home Secretary’s decision to deport a Polish father-of-two following drink-driving and drugs offences has been overturned after appeal judges ruled that the “high threshold” for the removal of an EU national had not been met. The Inner House of the Court of Sessi

Scott Clair comments on a recent Sheriff Appeal Court case that found the scope of non-vested contingent interest to be greater than previously thought. Where an individual is sequestrated, the totality of their assets and potential assets (subject to certain exceptions) will pass to (or “vest

A recent widely reported settled claim by a hospitality worker highlighted the controversy that continues to persist with Zero Hour Contracts (ZHC).  Kenny Scott considers the issues that often surround this form of employment arrangement and highlights why ZHC’s still have an import

A plumbing business has had its appeal against a decision of an employment tribunal unanimously dismissed after justices in the Supreme Court endorsed the decision of the tribunal, namely that the respondent was, inter alia, a worker in terms of the Employment Rights Act 1996. The Respondent, Gary S

The arbitration clause in the agreement between the Netherlands and Slovakia on the protection of investments is not compatible with EU law as it removes from the mechanism of judicial review of EU law disputes which may relate to the application or interpretation of that law. In 1991 the former Cze

A man accused of rape who objected to the admissibility of his police interview has had his complaint upheld. A High Court judge ruled that the “repeated and prolonged” questioning of the accused after he indicated he would be exercising his “right to silence”, in the hope that he would chan

Brian Inkster reflects on innovation in the legal sector in his comprehensive review of Remaking Law Firms – Why & How by George Beaton and Imme Kaschner. Remaking Law Firms is a book that very much looks at the past, present and future of law firms and the change that might be necessary to re

A Chinese national seeking permission to remain in the United Kingdom on human rights grounds has successfully challenged a decision by the authorities to reject her application. The judge in the Court of Session ruled that the Home Secretary “fell into error” in reaching her decision that the p

A woman who challenged a sheriff’s ruling that a pre-divorce agreement she made with her ex-husband was “unfair” because her former spouse had signed it without receiving legal advice has won her appeal. The Sheriff Appeal Court ruled that the man’s decision to sign the agreement without see