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The Court of Protection of England and Wales has declined to recognise and enforce a Scottish Guardianship Order authorising the mother of a Scottish woman with moderate intellectual disabilities to consent to the deprivation of her liberty. The SGO was awarded by Aberdeenshire Council on the applic

A Malawian woman who was refused a human rights visa after separating from her abusive husband who initially sponsored her application has successfully had a decision that her claim was unfounded reduced by a Lord Ordinary. The petitioner sought reduction of a decision of the Secretary of State for

Even within the legal profession, to be elected to sit as judge at the European Court of Human Rights (ECtHR) is "beyond a dream", says Tim Eicke. Having taken up the post in 2016, he is currently the UK judge at the court.

A Scottish man injured when he was a passenger on a tour bus in Malta has failed to establish that the Court of Session has jurisdiction in respect of the operator of the bus, after it was added to the action alongside its insurer. The lord ordinary had previously dismissed part of pursuer Simon Mor

A father whose child drowned in a bathtub while in a kinship placement approved by a local authority has been allowed a proof in his action against that authority after a Lord Ordinary rejected arguments that the chain of causation had been broken. Tommy Cruickshanks raised the action against Glasgo

In recent weeks, the Isle of Man and Jersey have moved closer to enacting assisted dying laws. Scotland also proposed a bill for debate. The Netherlands, a country with almost three decades of practical and legal experience in this matter, allowed the assisted suicide of Zoraya ter Beek, a 29 y

A judge in the High Court of England and Wales has dismissed an application by a transgender man seeking a decree of nullity in respect of his purported marriage to a woman in 2009, when he did not have a valid Gender Recognition Certificate, so that he could lawfully marry her again to resolve an i

An Aberdeen sheriff has ordered a property developer to discharge a £1.15 million standard security granted in his favour by another developer after ruling that all the conditions of discharge had been complied with. Pursuer David Booth and defender Daniel Donald had previously agreed to form

CEO of Scottish property portal ESPC, Paul Hilton, shares his thoughts on how the new UK government could help to bring about much-needed change in Scotland’s housing. While housing is a devolved matter, ESPC hopes that the promises made by Labour in the recent general election might help to b

In this article, Jenny Nicholson-White considers the Supreme Court decision in Paul & Anr v Royal Wolverhampton NHS Trust in the context of labour during which a baby dies in utero due to medical negligence and asks: When might a medical professional owe a duty of care to someone who is not a pa

The English High Court of Justice has struck out an action purporting to bring a representative claim on behalf of passengers of around 116,000 flights with two UK airlines whose flights were cancelled at short notice and who did not receive compensation after determining that the claim was primaril

A lord ordinary has repelled submissions by a Scottish NHS Board that it had not waived privilege in respect of documents it lodged with the court in a legal dispute with a service provider over the abandonment of a public procurement process for laboratory services. Roche Diagnostics Ltd sought dec

When he describes his arrival at the Scottish bar as being “a bit convoluted”, Ian Forrester KC really isn’t kidding. Having studied history and English and then law at the University of Glasgow, Forrester began his career with Maclay Murray & Spens in the mid-1960s with the or

A commercial judge has directed that an administration process for a company registered in Luxembourg but with its principal asset comprising a long lease of commercial premises in Scotland should be regarded as ancillary to a primary insolvency process already underway in Luxembourg. Stuart Preston