Mike Dailly offers the view that the insolvency industry in Scotland often preys on the misery of the vulnerable. Not every business does badly in a recession. Some do very well indeed. The following case is fairly typical. It illustrates something worryingly wrong and unfair at the heart of the ins
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The Criminal Appeal Court has issued an opinion designed to highlight the point that a decision of a sifting judge must relate to the questions posed in a stated case and not to the content of any earlier application to the court. The Lord Justice Clerk, Lord Carloway (pictured), observed that while
Following the news that criminals are continuing to be jailed for mere weeks despite the introduction of legislation that was intended to end prison sentences of less than three months, a solicitor advocate has attributed this to regional differences in how offenders are handled. As The Herald repor
Plans to introduce legislation to create a more accessible, affordable and equitable civil justice system for Scotland have been set out by Scottish ministers. A consultation on proposals for primary legislation on the expenses and funding of civil litigation has been published, with all those invol
In response to the announcement by the lord president, Lord Gill on the timetable for reform of Scotland’s civil courts, Alistair Morris, president of the Law Society of Scotland said: “The timetable for reform set out by the lord president is set to transform our civil courts through the use of
An English court has heard how a man allegedly had intercourse with a Shetland pony. Alan Barnfield, 44, was discovered “sweating profusely and smelled strongly of horses” when police officers found him.
A disgruntled client who sued his former solicitors for damages but learned that a lawyer acting on his behalf had settled the action without his authority has failed in an appeal against a decision to absolve his former solicitors from further proceedings. Judges in the Inner House of the Court of
The owners of a pub which had its licence revoked following several incidents of illegal drug use and public disorder have lost an appeal against the decision. The appellants claimed that the licensing board had failed to take account of and disclose a licensing standards officer’s (LSO) report in
The Inner House of the Court of Session has published a judgment in a case which raised the issue of the extent to which a pursuer requires to establish his own title to land in circumstances where a defender whom he is trying to remove does not have any title but avers that the land may be owned by
A man accused of assaulting his wife has failed in an appeal to recover a psychiatric report which he claimed would assist his defence by bringing her credibility and reliability into question. The Criminal Appeal Court ruled that it was “not in the interests of justice” to all
Stephen Wright (pictured) discusses the recent clarification by the Inner House, in a Special Case, of uncertainty surrounding the validity of a very large number of continuing powers of attorney. In W, 2014 SLT (Sh Ct) 83, Sheriff Bairdopined that a deed which appointed a named individual “to be
A number of new sheriffs have been appointed in Tayside, Central and Fife. Gillian Anne Wade QC (pictured right) and Simon Geoffrey Collins QC have been appointed as floating sheriffs of Tayside, Central and Fife.
BDO, the liquidators of former football club Glasgow Rangers FC, have banked £24 million for the defunct club’s creditors.
A journalist who was prosecuted and subsequently acquitted of a statutory offence of threatening and abusive behaviour after making a YouTube video about the outcome of the Alex Salmond trial has lost an action for damages for malicious prosecution before the Court of Session due to the application
When Fiona Pask took on the head of Scotland role at Shakespeare Martineau earlier this year it looked like the firm was finally going to be able to pursue the kind of growth it had planned since launching in Edinburgh in 2020. The Scottish government’s long-awaited Regulation of Legal Service
