A Portuguese man whose daughter was “wrongfully removed” from Portugal to Scotland by her mother has failed in a legal bid to have the 10-year-old girl returned to the country of her birth. A judge in the Court of Session refused to grant an order under the Child Abduction and Custody Act 1985 a
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Malcolm Combe by Malcolm Combe
Gordon Jackson QC Next weekend I'm going to a reunion to celebrate, if that's the right word, 50 years since going to Dundee to study law. There were four women in the class. Some years later I joined the Faculty. Four women there as well. The law clearly was the preserve of white men with the odd t
Nicola Edgar Nicola Edgar explains new rules which recently came into force introducing pursuers' offers into the Court of Session and Sheriff Court Ordinary Cause procedure.
A disabled woman who converted a bedroom in her rented housing association property into a second living room so she could have a living space separate from her carers was still liable for the higher rate of the so-called “bedroom tax”, appeal judges have ruled. The Inner House of the Court of S
How often do we check the weather forecast, while sitting beside a window? Why do we rely on forecasts when facts are so frequently staring at us? The Northern Ireland High Court was recently faced with this conundrum in Northern Ireland Housing Executive v Healthy Buildings (Ireland) Limited, write
Megan Briggs Megan Briggs comments on Morrisons' savvy reaction to a shopkeeper's pun in the wake of his David and Goliath encounter with a rival supermarket
Two men found guilty of rape who claimed that the trial judge “misdirected” the jury over their role in assessing video evidence of the incident have had their appeals against their convictions refused. A five-judge bench in the Appeal Court of the High Court of Justiciary ruled that the judge
Less than a month after a warning by Lord Thomas of Cwmgiedd, the Lord Chief Justice of England and Wales, that the English legal system was facing a ‘ticking time bomb’ in its failure to recruit judges, Scottish Legal News can reveal that Scotland too is facing such a crisis with top qu
Douglas Mill In his regular SLN column, former Law Society of Scotland chief executive Douglas Mill considers this weekend’s sad demise of Pagan Osborne and gives his personal view.
A man found guilty of murdering a former girlfriend who claimed that evidence given by his ex-wife was so “prejudicial” that it rendered his trial “unfair” has had his appeal against conviction refused. The appellant argued that the trial judge erred in refusing a defence submission to deser
Brian Inkster reflects on innovation in the legal sector in his comprehensive review of Remaking Law Firms – Why & How by George Beaton and Imme Kaschner. Remaking Law Firms is a book that very much looks at the past, present and future of law firms and the change that might be necessary to re
A man who challenged a disposition on the basis that his parents “lacked capacity” when they signed the document and was granted reduction after a purported beneficiary withdrew her defences on the eve of a proof has been awarded the expenses of the action from the other party’s solicitor. A j
Douglas Mill I still can't quite believe the response to my earlier article on the implications of the Pagan Osborne collapse. Literally dozens of solicitors have e-mailed or spoken to me. It seems most of them share my views that this latest case could cost the profession limited liability status,
A FTSE 100 company which is seeking to enforce a contractual restriction preventing a former employee setting up a rival partnership business has had a motion for interim interdict refused. A judge in the Court of Session said she was not persuaded to exercise her discretion by granting the interim