A passenger on a coach which careered off a road and down an embankment at the “Rest and Be Thankful” has had a personal injury action for £15,000 damages rejected. A judge in the Court of Session dismissed the negligence claim after ruling that the accident was caused by
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A legal action by Glasgow City Council against bus operator First Glasgow to recover £860,000 in damages plus more than £40,000 in expenses paid to the family of one of the victims of the tragic bin lorry crash five years ago has been dismissed. The local authority cl
A man found guilty of rape and child sex offences who claimed that a Sexual Offences Prevention Order (SOPO) made in advance of his release from prison was null and void because it failed to specify a period for which it would apply has had an appeal against his conviction for breaching the order di
A former coach of Celtic Boys Club who was jailed after being found guilty of a series of historical child sex offences has had his conviction on one of the charges quashed after prosecutors failed to disclose evidence of the complainer’s criminal record. The Appeal Court of the High Cour
Concerns have been expressed by the Faculty of Advocates that planned legislation designed to ensure the voice of the child is heard in court could be “retrogressive”. In response to a call by the Scottish Parliament’s Justice Committee for comments on the Children (Scotland)
An application for appeal against the Inner House's judgment in the Serco lock eviction case is to be made this week. Mike Dailly, principal of Govan Law Centre, said in his column for the Evening Times that he will lodge an application seeking permission to appeal to the Supreme Court.
Lynda Towers takes a look at what the Children (Scotland) Bill might mean for Scotland’s youth. The Children (Scotland) Bill is currently at stage 1 in the Scottish Parliament and continues the current government's emphasis on improving rights and protections for children in Scotland. This bil
The Crown Office has said the evidence in relation to the events surrounding the death of Sheku Bayoh in May 2015 does not warrant prosecution. It said the decision had been made after a “thorough review” but added a prosecution could be brought in the future if new facts come to light.
Julie Hamilton considers the role of mediation in commercial litigation and whether the flexibility it offers may be the route to avoiding, or at least limiting, the disputes that get to court. What is mediation?
A woman who was made the subject of a confiscation order under “proceeds of crime” legislation after being convicted of a £50,000 tax fraud has failed in an appeal against her sentence. Joanne Mooney devised a scheme whereby she acted on behalf of others to secure tax rebates
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
Ben Zielinski, a senior associate in the commercial litigation team at Shoosmiths in Edinburgh, considers the significance of a recent judgment in the Court of Session that has given greater clarification of how much notice a landlord needs to give to terminate a commercial lease in Scotland. A rece
A tenant in a house of multiple occupancy who claimed she and her landlords were subject to a private residential tenancy (PRT) has had her appeal dismissed. The appellant was seeking remedies under the Private Housing (Tenancies) (Scotland) Act 2016, but the Upper Tribunal for Scotland&nb
Laura Dunlop QC has been named as the new President of the Mental Health Tribunal for Scotland. Community safety minister Ash Denham appointed Ms Dunlop to take on the role following a recruitment exercise carried out by the Scottish government.
The Lord Advocate, James Wolffe QC, writes on his desire to improve efficiencies in the Fatal Accident Inquiry system. An unexpected death can have a devastating impact on the bereaved, who have to confront not only the grief which follows the loss of a loved one but also questions about why the dea
