Media organisations who claimed that a sheriff’s decision to impose reporting restrictions in a civil case without providing reasons for making the order breached the principle of “open justice” have had their legal challenge dismissed. The BBC, Times Newspapers Limited and News Gr
Search: Scots syndicate 1901 bought land in Glasgow for £5000
The Lord President has appointed Robin Macpherson as temporary auditor of the Court of Session for 12 months from 1 April 2020. Mr Macpherson, an experienced litigator and solicitor advocate, will also become auditor of the All Scotland Personal Injury Court and the Sheriff Appeal Court, effective f
Scottish conveyancers have greeted huge increases in loan-to-value deposits required by mortgage lenders with dismay. Britain's mortgage lenders have dramatically increased their loan-to-value deposits for house purchases with Halifax and Barclays among those seeking 40 per cent down-payme
Neil Casey guides landlords through the emergency changes to housing legislation in Scotland. The Scottish Government has passed the Coronavirus (Scotland) Bill, which will now become law. These emergency provisions are due to expire on 30 September 2020, although ministers have the power to ex
A tenant who was refused an extension of the time limit for requesting permission to appeal an eviction decision by the Upper Tribunal for Scotland has been refused permission to appeal to the Court of Session by the same court. Azhir Sharif was evicted from a property in Glasgow in 2
The Coronavirus (Scotland) Act 2020 came into force on 6 April 2020. In relation to commercial leases, the act gives tenants under commercial leases in Scotland additional protection from irritancy (i.e. forfeiture or termination). This protection is similar (although not identical) to the protectio
The first virtual hearing in Scotland held as a result of the coronavirus emergency took place yesterday. The Inner House appeal, Stuart Campbell v Kezia Dugdale, was heard before the Lord President, Lord Carloway, sitting with Lord Menzies and Lord Brodie. The other participants were the clerk of c
With the Community Right to Buy for Sustainable Development having come into effect last weekend, land commissioner Megan MacInnes looks at what it means for communities and for land reform. Last weekend marked the launch of the latest in the Scottish government’s land reform toolkit – t
Karen Dance looks at certain law reforms in the context of the latest personal injury court statistics. From 27 April 2020, Scottish solicitors have been able to enter into agreements with their clients in all personal injury claims to take a percentage share of damages as a fee for success. The leg
The Housing and Property Chamber has extended its postponement of case management discussions (CMDs) and scheduled hearings until July 9 at the earliest. A date of May 28 was originally set back in March as part of the measures required to manage the COVID-19 outbreak.
A tenant of a local authority housing site in Motherwell has successfully sought a review of the decision not to allow her to amend her pleadings in an action for damages against her landlords. Caroline Cowan had a secure tenancy of a property in the Watling Street development in Motherwell, wh
James Haldane Tait died peacefully at home on 9th April, 2020, from causes unrelated to the coronavirus outbreak. Known to his friends as Haldane, he was a remarkable man who has left the world immensely enriched by his time upon it. He is remembered with love and affection by all of those whose liv
All too often our coverage of fatal accident inquiries in Scotland is centred upon their non-occurrence rather than the lessons to be learned from them. A freedom of information request made last year revealed that there were 127 outstanding FAIs at the time of the inquiry. There has yet to be one i
Members of the Scottish Parliament’s Public Audit Committee have launched a call for views on the operation of the Lobbying (Scotland) Act 2016. The act requires a parliamentary committee to review the operation of the act from when the duty to register came into force, up to March 2020.
No measure will be implemented to address Scotland's backlog of criminal cases that would compromise fair trials, the Lord President has said. Lord Carloway said he will "not contemplate any measure to aid recovery which might compromise the basic principle of a fair trial" in dealing with the backl