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The English Intellectual Property Enterprise Court has rejected a claim for trade mark infringement by a self-described “spiritual and holistic therapist” who claimed that another holistic therapist had been using her mark to market online courses and upheld a counterclaim of passing off

Douglas J. Cusine questions the purpose and scope of the proposed register of judicial interests. The Scottish government is insisting on a register of judicial interests, to promote the ends of “openness and transparency”. It is unlikely that any arguments presented by the former and cu

The family of a 50-year-old man who died after having an accident on a diving boat near Cape Wrath have been awarded £290,000 in damages by a judge in the Outer House of the Court of Session. Debbie Warner, the widow of the late Lex Warner, raised the action following her husband’s death

Advocate Jon Kiddie of Terra Firma Chambers explores the use of the Scots language in Scots law. ‘That the Court of Session, or College of Justice, do, after the Union, and notwithstanding thereof, remain, in all time coming, within Scotland, as it is now constituted by the Laws of that Kingdo

International defamation lawyer Paul Tweed, partner and founder of Gateley Tweed, was recently profiled by our sister publication Irish Legal News. We include his interview with Margaret Taylor below. Given his reputation as a libel lawyer who has never lost a case, it is little wonder that Gateley

Cat MacLean, partner and head of dispute resolution at MBM Commercial, explores the judgment issued this morning in Sekers v Clydesdale [2021] CSOH 89. Online fraud has been on the rise for many years. The advent of lockdown and working from home has seen the volume of attacks increase by one third

A piece in the FT yesterday on the Lugano Convention was one of the first that has looked at the family law consequences of the UK no longer being a party to the Convention (which provides agreed jurisdictional rules in cross border cases for civil and commercial matters, and provides for recogniti

A judge in the Outer House of the Court of Session has refused to recall an interlocutor relating to a motion for interim damages in a personal injury case after the defender’s legal team failed to intimate opposition to the motion in time. Wojciech Kosno sought damages from&nbs

A sheriff in Edinburgh Sheriff Court has found that the mother of an eight-year-old child acted in contempt of court in wilfully refusing to comply with a contact order awarded to the child’s father. The pursuer and minuter, B, argued that the defender, A, had along with he

The renewed attention brought to mental health law by the Scottish government’s ongoing review under John Scott QC renders David W Cobb’s new book particularly timely. Published this month, A Practical Guide to the Sheriff Court and Protecting Vulnerable Adults in Scotland not only provi

After two decades running the IP practice at Burness Paull, Colin Hulme is well practised in defending his clients’ intellectual property rights. That does not mean there is nothing left for him to learn, though, which is why he has begun trialling a new form of rights-enforcement exercise: a

A judge in the Outer House of the Court of Session has found that a married couple who were granted refugee status are entitled to a reduction of a decision by the tax authority not to accept their claim for backdated child tax credits. Ali and Saima Adnan were granted refugee status

A sheriff has determined that a prisoner who died in hospital following an overdose the day after his sentencing did not die as a result of an accident caused by failures in the prison system. Gavin Williamson, who was sentenced to 6 months’ imprisonment and conveyed to HMP Perth the day befor

A recipient of support payments under the Social Care Self-Directed Support (Scotland) Act 2013 has failed in his challenge of a reduction in support hours by the health board responsible for paying for that support. Andrew Lennon argued that NHS Highland had acted unlawfull

The manufacturers of Hendrick’s gin have succeeded in obtaining interim interdict in an action for trade mark infringement against a popular discount supermarket after it redesigned one of its ‘own-label’ products to more closely resemble their product. William Grant and Sons Irish