The Sheriff Appeal Court has refused an appeal against a sheriff’s decision to grant summary decree in an action for repossession of residential premises in Dundee after determining that the appellant’s proposed defences consisted entirely of pseudo-legal assertions without a proper basi
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A Highland law firm has uncovered ties to a historic court case that prompted major changes in Scots law. Charles Innes, founding partner of Innes & Mackay, secured a verdict of 'not guilty' in the first documented legal victory for Highland crofters – representing three men for their part
A new consultation seeks views on a considerable increase in court fees from November this year. Court fees are already due to rise by two per cent from the beginning of next month.
An appeal by the Home Office against a sheriff’s decision that it should pay £284,227 to a fishing company after unlawfully detaining three of its vessels has been refused by the Inner House of the Court of Session. It was accepted by the appellant that the vessels had been detained unla
A cannabis farm in Wishaw was raided after police caught a whiff of its distinctive smell — from their police station next door. A total of 118 plants and 99 seedlings worth more than £70,000 were recovered from the warehouse neighbouring the town's cop shop, the Daily Record reports.
A new national museum is to honour Joseph Knight, the enslaved man who won a landmark legal case in 1778 at the Court of Session. Knight, who was enslaved in Africa and taken to Jamaica, brought a case to the Justice of the Peace Court in Perth in 1774 in an attempt to leave the employment of John W
June 1 2022 marks a significant date in the development of Scots law with the long-awaited, though still partial, implementation of the Prescription (Scotland) Act 2018. Important changes are being made to the manner of calculating the starting-point of the five-year “time-bar” period fo
Last week Sheriff (rtd.) Douglas Cusine contributed an article to Scottish Legal News entitled ‘Not proven’ debate lacks clarity. In it, he said, “For me, a ‘not proven’ verdict reflects what we have all experienced, and that is, ‘I’m just not sure.” S
The financial hurricane resulting from the coronavirus crisis is now beginning to touch down on the personal finances of millions of Scots and like all great storms, is going to leave a trail of destruction in its aftermath, with debris being made up from broken tenancy, mortgage, and consumer credi
Some emergency measures in the criminal justice system, including the use of electronic signatures and electronic transmission of documents, should continue after the Covid-19 crisis, inspectors have said. In a new joint report, HM Inspectorate of Constabulary in Scotland and HM Inspectorate of Pros
In 1884, a lamb skipped its way into Scottish legal history after it entered unfriendly territory. Winans v Macrae [1885] 22 SLR 692 is a leading case on the issue of trespass by animals and affirmed the requirement for actual material damage for a successful interdict claim.
Alan McIntosh calls for an extension to emergency laws aimed at helping Scots who are struggling financially in the midst of the pandemic. As Scotland enters phase 3 of the route map to exit the lockdown, there is a danger of being seduced into believing the Scottish economy will bounce back an
The woman who was told "over and over" not to go to the bar, yet who ultimately became Scotland's first female judge, has spoken about her path to the bench. In the latest episode of the University of Glasgow Law Podcast, Lady Cosgrove speaks to senior lecturer Maria Fletcher.
An event at Strathclyde University has shed light on mediation. Scotland's 2016 simple procedure rules encourage sheriffs to refer parties to mediation; yet what takes place inside the mediation room is a mystery to most.
Two solicitors will be awarded honorary membership of the Law Society of Scotland in its platinum year, at its special general meeting on 6 September 2019. Alistair Cockburn and Sheriff Brian Kearney have both contributed significantly to the legal profession and civic society in Scotland.
