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One of the many unintended effects of an EU exit was that it prompted us lawyers to start writing profound things about what it would mean for our areas of practice. In many areas the consequences of an exit from the EU seemed obvious. Family lawyers would see rising divorces with couples separating

A barrister who claimed the new Brexit deal negotiated by the Prime Minister was “unlawful” has had a legal challenge to suspend the agreement dismissed. Jolyon Maugham QC was seeking interim suspension and interdict on the basis that the withdrawal agreement was in breach of legisl

Lord Kinclaven shares insights from the MiniTrial legal education scheme, teaching thousands of Scottish pupils about the justice system. Turn back the clock to 2001, when the book Paths to Justice Scotland was published. It was a survey which examined, among other things, the public’s perspec

SKO is one of the first of a dozen or so firms in Scotland to go live with a new online tool, designed specifically for Scots family law matters. The tool is already being used by over 50 firms south of the border and another 150 in Australia and New Zealand, writes Rachael Kelsey. Settify was

Michelle Essen outlines what the election manifestos have in store for the VAT Reverse Charge, the Apprenticeship Levy and Skills Shortage, and Modern Methods of Construction.  The political parties have published their manifestos for the December 2019 General Election, setting out their stalls

Writing for Scottish Legal News, Rachael Kelsey, lawyer for Mrs Villiers in Villiers v Villiers, discusses the details of the case, which was heard by the Supreme Court this week. Villiers v Villiers, the first intra-UK Maintenance Regulation case to be heard by the Supreme Court, has grow

A couple who sued their upstairs neighbours over the noise coming from a Saniflo toilet have had their “nuisance” claim dismissed by a court. Retired solicitor James Morris and his wife Carol Morris, a former court shorthand writer, described the noise from the toilet and

The Scottish government has said legal aid is functioning well and that "any suggestion to the contrary is untrue" amid a warning that the tide of lawyers leaving the profession makes its collapse imminent. Robert More, of More and Co, said responsibility for the collapse of the system will fal

The SYLA recently published the results of a survey on retention issues within the legal profession. Well done them. Much needed and with the number of responses received totally statistically significant. Seventy-seven per cent of responses were from Glasgow and Edinburgh and 11 per cent from Dunde

A right-wing extremist convicted of downloading “sinister, violent and disturbing” terrorist material has had an appeal against his prison sentence dismissed. David Dudgeon was sentenced to two years’ imprisonment, reduced from a period of three years, after pleading guilty to

Ronald Conway responds to Michael Upton's recent reflections on Brexit. So John Cleese famously asked in The Life of Brian.

A man who was found guilty of breaking into a dead person’s home and stealing a quantity of jewellery after his DNA was found on a torch which was left in the property has had an appeal against his conviction rejected. Michael Ritchie claimed it was his brother who committed the crime and

The Defamation and Malicious Publication (Scotland) Bill was introduced into the Scottish Parliament on 2 December 2019. Implementing many of the Scottish Law Commission’s recommendations on reforming the law of defamation in Scotland, it seeks to codify the current piecemeal approach to an ar

A mere "one-and-a-half cheers" for the Inner House's five-judge ruling in Pert v McCaffrey, in which there was "no need" to invoke a doctrine of enrichment's subsidiarity in an analysis that was "much less sophisticated than it needed to be", writes Professor MacQueen. One cheerThe decision of a cou

A Nigerian national who lodged a human right claim to remain in the UK with members of her extended family has successfully challenged a decision to refuse her application to appeal. The First-tier Tribunal (Immigration and Asylum Chamber) rejected the petitioner’s claim that she had developed