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Bill Gates famously said “intellectual property has the shelf life of a banana”. If this suggests he is not a huge fan of intellectual property rights that is certainly not reflected by Microsoft, the company in which he made his fortune. Microsoft has an enormous patent portfolio in exc

The head of the Scottish Courts and Tribunals Service has told Holyrood's Justice Committee that judge-only trials were “not completely off the table”. The Scottish government's original proposals along these lines were met with a furious backlash. Justice Secretary Humza Yousaf thereaft

Benjamin Bestgen looks at why you might breathe a sigh of relief knowing his lordship has had breakfast. See his last jurisprudential primer here. Legal television like My Cousin Vinny, Silk or The Good Wife is sometimes used to exemplify courtroom dos and don’ts – the first one having r

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

Following the success of the Tayside Commercial Court, it is set to expand to cover the whole Tayside, Central and Fife Sheriffdom. This will mean the appointment of four further commercial court sheriffs across the region.

Ailie McGowan discusses the need for a digitalised court system. The coronavirus pandemic and current enforcement of ‘lockdown’ measures in Scotland has sharply brought into focus the need for a fully functioning digitalised court system.

The first online court hearings in response to the coronavirus situation will get underway this week as work continues to get Sheriff Court business online. The Court of Session virtual court will convene with an Inner House case tomorrow before the Lord President, Lord Carloway, sitting with Lords

Court of Session Inner House appeals will recommence from next Tuesday, the Scottish Courts and Tribunals Service has announced. Following work by the SCTS's digital team over the Easter holiday period, new systems have been set up to maintain civil justice during the lockdown.

Robert Weir QC was today installed as a Senator of the College of Justice at a ceremony held in Parliament House. Social distancing was observed at the installation, held before a bench of two judges, the Lord President and the Lord Justice Clerk.

Janet McIntyre and Gary Thomas summarise the details of emergency legislation introduced in Scotland to prevent the eviction of commercial tenants who are unable to pay their rent because of the COVID-19 outbreak. Irritancy is a remedy for landlords to terminate a lease early when tenants are in bre

The Association of Personal Injury Lawyers (APIL) and the Association of British Insurers (ABI) have agreed a new approach to the handling of personal injury cases in the Scottish courts during the coronavirus pandemic. APIL and the ABI have agreed a position in relation to cases where limitati

A former senior judge has said efforts should be made to preserve jury trials during the pandemic after the Scottish government attempted to pass legislation allowing solemn trials to be conducted without juries. Crossbench peer Lord Hope of Craighead's comments come after the governm

A couple who rented a stately home near Perth have been granted limited permission to appeal the Housing and Property Chamber’s decision regarding the state of repair of their property. Peter and Beth Dymoke rented a property in Inchture from The Hon. Caroline Best, and&nbs

The way we operate as an economy has changed, but the business world has adapted and changed with it. The COVID-19 pandemic has forced all businesses to re-evaluate how they operate on a global level. Many businesses have responded by increasing their capacity to operate remotely, through the enhanc

All Sheriff Court business has been consolidated into 10 courts across Scotland. In response to the government restrictions on movement during the emergency, the Scottish Courts and Tribunals Service is now moving to the next phase of its contingency plans.