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HM Inspectorate of Prosecution in Scotland and HM Inspectorate of Constabulary in Scotland are assessing emergency criminal justice provisions used in response to the coronavirus pandemic. If you work in the criminal justice system and have experience of these provisions, researchers would like to h

As part of the programme to mark 20 years since the creation of the Scottish Parliament, the Scottish Parliament Information Centre (SPICe) has been publishing twenty “20 year” blog posts on SPICe Spotlight over the course of 2019. This blog, by Sarah Harvie-Clark, senior researcher (civ

Five new Scottish judges have been appointed and will take up position next year. Her Majesty the Queen, on the recommendation of First Minister, has appointed Douglas Fairley QC, Anna Poole QC, Sean Smith QC, Sheriff Robert Weir QC, and Sheriff Peter Braid as Senators of the College of Justice.

Advocate Michael Upton M.C.I.Arb., of Hastie Stable, summarises a recent judgment from the Sheriff Appeal Court on establishing a duty of care for economic loss in a case against an allegedly negligent search firm being pursued for damages by the holder of an inhibition, which the searchers allegedl

The Scottish Women’s Rights Centre (SWRC) and JustRight Scotland (JRS) are deeply concerned by the publication of the article in this week’s Herald: “Stuart Waiton: Scots men are at risk of being branded ‘rapist’ for political reasons” and subsequent blog in Scott

Earlier this year, Martyn Evans released his “Independent Strategic Review” of the legal aid system. Solicitor Ken Dalling has prepared the following open letter in response. Dear Sir,

With Scotland’s new tribunals structure now progressively coming into operation, lawyers and other interested parties might do well to start updating their internet browser favourites so as to keep up to date with the latest news, write Mitchell Skilling and Douglas Bain. The First-tier T

The Scottish government has launched a consultation on how children and victims of domestic violence can be prioritised in family court cases when parents separate. The role of the courts in cases involving children of separated parents and the law around parental responsibilities and rights will be

A European Arrest Warrant issued for a former Catalan government minister and professor at St Andrews University will likely prevail when the matter comes to court. Clara Ponsatí, now head of the school of economics and finance at St Andrews, has been charged with rebellion and misuse of public fun

The courts have identified an incompatibility with the European Convention on Human Rights (ECHR) in the current disclosure regime, which a proposed law seeks to fix. This proposed change fixes a previous amendment to the disclosure regime made in 2015.

A qualified welcome has been given by the Faculty of Advocates to plans for periodical payment orders, which will introduce major change to personal injury litigation. Ministers propose to bring Scotland into line with the rest of the UK by giving courts power to impose PPOs without the consent of p

Thanks to all who took part in our quiz and congrats to the winners. Copies of Willie McIntyre’s Present Tense and £25 M&S vouchers are on their way…. The answers are:

This day, 244 years ago, marked a milestone in the fight to abolish slavery, when the Scots-born Lord Mansfield, the Lord Chief Justice declared slavery “odious” and ruled that escaped slave James Somerset must be released in a case that was to usher in the abolition of the trade and, in

Responding to the Lord President, Lord Carloway's (pictured right) suggestion the 140 day rule may not be fit for purpose, lawyers have told Scottish Legal News the problem is a result of Scottish courts' lack of availability to hear trials rather than delays caused by new types of evidence and othe

A man has appeared in court charged under an ancient law for which the penalty is death. Graeme Bryden, 27, was accused of "hamesucken" after he allegedly attacked and robbed a 93-year-old woman in her home.