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A company that sought to change the name of a hotel it acquired on Oban Bay to include the phrase “on Obay Bay” has won an appeal against a sheriff’s decision interdicting them from using “Oban Bay” on any signage or misrepresenting its hotel as the “Oban Bay Hote

Cash is the obvious asset that gets ‘misappropriated’ and is certainly the most common when we’re investigating wrongdoing or fraud in an organisation. But it’s not always simply cash that gets taken when a business gets defrauded, sometimes the assets are a lot more interest

It could have been a rerun of Clochemerle, that droll 1970s Simpson and Galton series about the hotly disputed provision of a public pissoir in an ultra respectable French village. In 2021 Miranda Dickson inherited her three story townhouse in Edinburgh’s Drummond Place from her parents, Ian a

Michael Upton, FCIArb, advocate, mediator & arbitrator, discusses an aspect of the Scottish Law Commission’s Discussion Paper No. 175, on Heritable Securities: Non-monetary securities and sub-securities, to which the commission is now seeking responses. As you may know, in the context of h

In July 2018, the Judicial Protocol Regulating Direct Judicial Communications between Scotland, and England and Wales, in Children’s Cases was first published. The 2018 Protocol was accompanied by a helpful and detailed Handbook on family law relating to children in Scotland and in England &am

David J Black reads the fine print of the Book Festival furore. Many of us may share the underlying views of those who believe we should be cutting back on the use of fossil fuels to save the planet, but scratch beneath the indignant morality of the latest attack by a number of Greta Thunberg inspir

A lord ordinary has ruled that a football pundit whose son hit a pedestrian while driving a vehicle he was not insured to drive could not be held jointly and severally liable for repayment of the sum paid by the insurer to the injured party following a successful claim for damages by the injured par

The week ahead sees the battle between the Scottish and UK governments over the Gender Recognition Reform (Scotland) Bill (GRR) move into court as Scottish ministers seek to overturn the Section 35 Order put in place by the Secretary of State for Scotland, currently blocking the bill from becoming a

A Glasgow sheriff has ordered a licensing board to grant a provisional licence for a petrol station and convenience store to a company seeking to run premises in Cambuslang after it appealed a rejection decision. Certas Energy UK Ltd, which applied for a provisional premises licence from South Lanar

The Italian mother of an 11-year-old child that resided with her father and his new partner in Scotland has been unsuccessful in an action before the Outer House of the Court of Session seeking a specific issue order for the return of the child to Italy. Pursuer JP, who had previously unsuccessfully

Former sheriff Douglas J Cusine is impressed by Gillian Mawdsley's new study of sudden deaths and FAIs in Scotland. For me, there are two very significant sentences in this impressive book: “The public should be able to understand the role of an FAI…” (para. 2.01) and “It is

Stuart Munro, who acted for Susan Sinclair, the first subpostmaster in Scotland whose conviction was overturned on appeal, writes on the scandal that has caught the public's attention. The broadcast of a major new drama on ITV, Mr Bates vs the Post Office, has brought the Post Office Horizon scandal

Laura Patriche and Lauren McFarlane write about the IP issues around music sampling. Music sampling is a practice which involves artists digitally incorporating segments of existing sound recordings into new compositions. Some modern examples include Drake’s Hotline Bling of 2015 which sa

Members of the profession and others will be saddened to learn of the death on 2 February of Professor Philip Love, who was formerly the professor of conveyancing and professional practice of law at the University of Aberdeen and latterly, vice-chancellor of the University of Liverpool.