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The proprietor of a flat in Edinburgh who sought to establish that their neighbour had a statutory obligation to pay for half the cost of repairs to the external render of the common wall of their building has had their application rejected by the Sheriff Court.  Karen Lacey argued that th

Benjamin Bestgen considers how the law might grapple with nanoscience. See his last jurisprudential primer here. Imagine you are trying to conceive a child using artificial methods. A robot so tiny you could breathe it in without noticing selects the most promising sperm and directly inserts it into

Ian G. Mitchell QC reflects on the life of The Rev. Alistair Gerald Crichton McGregor QC, who was born on 15 October 1937 and passed away on 13 June 2020. I first met Alistair McGregor in the 1970s when he was junior counsel for the objectors at a long-running public enquiry in Portkill and I w

As a 17-year-old, I first met the late, great, and sadly missed David Lessels (1949-2018) at a law school information day. I brashly declared I would become an advocate. He smiled wryly. Fast forward several penniless years to my traineeship. At last I was earning. Two years later, I even had some m

The Inner House of the Court of Session has refused two appeals concerning a dispute between two feuding families, one of whom claimed to be the agricultural tenant of the other, holding that the tenant did have the right to buy the farmland but that a debt owed to her had been successfull

A former IT worker for Dundee City Council who was sentenced to five years and four months’ imprisonment for fraud has successfully appealed against the length of his sentence. Mark Conway’s case was referred to the Scottish Criminal Cases Review Commission in August 2019. The SCCRC

A sheriff in Perth has absolved a man of any wrongdoing in a car accident that took place on a back road near Blackford in the Perth and Kinross area.  The pursuer, ER, claimed the defender CD had struck her car while travelling at excessive speed around a bend, and sought damage

Benjamin Bestgen asks us this week to consider just prices. See last week's jurisprudential primer here. Caricatures of fatcat lawyers and greedy shysters lining their pockets through frivolous claims and overcharging clients have linked the legal profession unflatteringly with money for centur

The English High Court of Justice has ruled that children aged 15 or younger would be unlikely to be able to give effective consent to the administration of puberty-blocking drugs (PBs), but those aged 16 and over would have the ability to consent to their use. The claimants, listed on the

Dr Sandra Duffy comments on the English High Court ruling on children's access to puberty blockers, the subject of today's case summary. The High Court this week handed down its judgment in the case of Bell v Tavistock NHS Trust, which case concerned a judicial review of the practice of the Tavistoc

The Sheriff Appeal Court (Civil Division) has refused an appeal by a mother against the decision to grant a permanence order in respect of her 10-year-old son, Z, to allow him to stay with his maternal grandparents. The order was originally sought by Scottish Borders Council to a

As the year comes to a close with Christmas all but cancelled, it is hard to imagine that any good has come from Covid-19. For Morton Fraser partner David Hossack, however, one positive to come out of the coronavirus pandemic is that it has helped to highlight the role mediation can play in the reso

Benjamin Bestgen gives readers an overview of smart contracts this week. See his last jurisprudential primer here. Part of being a lawyer in the 21st century is the necessity to develop a degree of digital literacy, whether you like it or not. The legal world, it is often said, tends to be conservat

Baktosch Gillan spoke to Rosalind McInnes, BBC Scotland legal director, about her career with the broadcaster and coping with lockdown. In more than two decades as an in-house solicitor with BBC Scotland, Rosalind McInnes has been a source of advice and support to not only the journalists employed a

The Civil Division of the Sheriff Appeal Court has allowed an appeal by a mother against the grant of a supervised contact order for her young daughter’s father and remitted the case to a new sheriff for reconsideration. The appellant, AG, who was the defender in the original ap