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Court administrators have been urged to reconsider the “mothballing” of civil business, amid fears that the financial futures of some law firms and advocates are being jeopardised. Roddy Dunlop QC, Vice-Dean of the Faculty of Advocates, said that – as is happening in England &ndash

Greg MacDougall reflects on access to justice and looks at the past, present and future of the resolution of claims in Scotland The promotion of access to justice for the resolution of claims in a fair and balanced way is an admirable aim. How should we gauge access to justice?

A recent decision by the Inner House of the Court of Session held that Scottish courts have the ability to grant protective orders against an employer’s assets even where claims have been brought against them in an Employment Tribunal, write Eleanor Mannion and Laurie Anderson. The Case

A landlord who failed to pay a tenancy deposit into an approved deposit scheme until four years into the tenancy has been unsuccessful in challenging a payment order. Linda Searle appealed against a decision of the First-tier Tribunal for Scotland Housing and Property Chamber (FtT) in which she

Hundreds of asylum seekers face eviction after housing provider Serco announced it is restarting its lock-changing programme. It first announced it was handing out eviction notices to tenants who had been denied the right to remain in the UK last July.

Laura Edmunds looks at the case law on personal guarantees in contracts. The past, present and future walked into a bar. It was tense!

A teenager who was sentenced to 18 months’ detention after being convicted of assault has had his custodial sentence quashed following an appeal. The High Court of Justiciary Appeal Court imposed a community payback order (CPO) after ruling that the sheriff erred in his approach to s

With a bill introduced to the Scottish Parliament to reduce the general speed limit from 30mph to 20mph, Louise Gallagher looks at the legal implications of this and other attempts to protect or benefit “vulnerable road users”. Drive through the centre of any major Scottish city or town

James McGachie James McGachie, legal director in DLA Piper's Edinburgh offices, writes on proposed changes to civil litigation funding in Scotland.

A Swedish man whose daughter was “wrongfully removed” from Sweden to Scotland by her mother has been granted a court order to have the eight-year-old girl returned to the country of her birth. A judge in the Court of Session granted the order under the Child Abduction and Custody Act 1985 after

A 40-year-old case on the effect of arrestment of a company’s property following the appointment of a receiver was “wrongly decided”, a five-judge bench has ruled. The Inner House of the Court of Session held that the court in the 1977 case Lord Advocate v Royal Bank of Scotland, which ruled t

Convictions for domestic abuse were at their second highest level on record last year, while the number of people convicted for sexual crimes reached an all-time high. Official statistics for 2015-16 reveal that 12,374 people were convicted in Scotland’s courts for crimes and offences involving do

Domestic abuse cases are being dealt with more quickly following an injection of cash from the Scottish government into the Crown Office and Procurator Fiscal Service (COPFS). Audit Scotland told Holyrood’s Justice Committee that the average time for such a case to call was eight weeks, down from

Gillian Rushbury, partner at BLM BLM has welcomed the introduction of the first online portal for launching court actions in Scotland as the “start of court action for the Netflix generation”.

Eric Robertson Advocate Eric Robertson examines recent initiatives – practical and legislative – to tackle persistent problems of modern slavery, as reviewed at the recent Tumbling Lassie Seminar.