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James Chalmers and Fiona Leverick reflect on the life of the late Sir Gerald Gordon. Sir Gerald Gordon, who died recently at the age of 96, made an extraordinary contribution to the criminal law of Scotland during his lifetime. Born and educated in Glasgow, where he graduated in philosophy and Engli

Experienced commercial counsel and respected arbitrator David Bartos has now returned to private practice after five years as a law commissioner. Prior to his time with the commission, he ran a busy practice acting in a variety of litigations covering commercial law contract work and property litiga

The Scottish Law Commission has published a new report recommending repeal of the Tenancy of Shops (Scotland) Act 1949. If a tenant of a “shop” is unable to obtain renewal of the lease from the landlord, they may instead apply for renewal to the court under the 1949 Act. A “shop&rd

Ahmed Khogali gives an overview of Daly v HM Advocate. Criminal appeals to the UK Supreme Court are rare due to the High Court of Justiciary’s status as the final court of appeal in Scots criminal law. Under the Scotland Act 1998, such appeals are only permitted to the Supreme Court where devo

Children’s rights practitioners and policymakers will gather in Glasgow next week as part of a conference examining the experiences of children within the Scottish justice system. Speakers including Bragi Gudbrandsson, vice chair for the UN Committee on the Rights of the Child and founder of t

"A" Company of the 4th Battalion, Royal Fusiliers (9th Brigade, 3rd Division) on 22 August, 1914, resting in the square at Mons, Belgium, the day before the Battle of Mons. Minutes after this photo was taken the company moved into position at Nimy on the bank of the Mons-Condé Canal. Lord Mul

The final report of the Hearings System Working Group (HSWG) was published on 25th May. The report proposes a significant redesign of the existing children’s hearings system in Scotland. Dr Alyson Evans of the University of Strathclyde, an academic specialist in the children’s hearings s

Scotland's unique Children’s Hearings system, currently run by volunteers, could be replaced with paid professionals. Proposals to professionalise the system have been made before, but the new suggestions are part of 97 recommendations for the Scottish government to review.

A Glasgow flat owner who claimed the factor for her building had failed to obtain the best possible insurance rate has succeeded in appeal before the Upper Tribunal for Scotland. Corrine Sinclair argued that the First-tier Tribunal for Scotland had erred in finding the respondent, Speirs Gumley Prop

Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government has recently reformed the law and passed the Prescription (Scotland) Act 2018 – but it is not yet in force. In the meantime, the recent dec

Tara Davison considers whether a notice is valid when served on a party who is specified in the contract, but who no longer holds office and lacks authority to act. In the recent case Scottish case of Michael Wilson v Graeme W Cheyne (Builders) Ltd [2021] ScotSAC Civ (03 August 2021) the Sheriff App

Most lawyers oppose the removal of the 'not proven' verdict from Scotland's legal system, according to new research. A survey carried out by the Open University found that Scots lawyers supported a system consisting of 'proven' and 'not proven' verdicts and requiring a juror majority of 12

Thorntons has ushered in the new year with three promotions. Gary Mannion from the personal injury team in Dundee and Lucy Metcalf from the family law team in Edinburgh have both joined the partnership. Janice Napier has been promoted to legal director in business law within the commercial property

Where do you see yourself in five years? When this question is asked at a job interview or work appraisal, no clarification is needed on the starting point for the five years. The words “from now” go without saying. The starting point of a crucial five year period for certain claims in S