A man who drove a seriously intoxicated woman to A&E where he told a nurse that he had also been drinking and taking drugs and admitted to police officers that he had driven to the hospital has lost an appeal against his conviction for drink-driving. It was argued on behalf of the appellant that
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The Law Society of Scotland has published a report following an independent review of consumer protections for people buying and selling property in Scotland. The review, by former Sheriff Principal Edward Bowen CBE QC, examined the current consumer protections in place as well as conveyancing pract
Displaced Ukrainian litigation lawyer Vitalii Diakov tells Jimmy Black about the life he left behind, and the social enterprise he helped to establish, promoting nonviolent communication in Scotland. Ukrainian lawyer Vitalii Diakov still has one case to finish. The Russian war has massively delayed
It was probably foreseeable that the 'not proven' verdict would go. While not all of the reasons for getting rid of it are cogent, we have to accept that it will be consigned to legal history. However, an important point is what will replace it. There may be an attraction to adopting the English ter
On this day, 200 years ago, the First Division of the Inner House of the Court of Session, presided over by Lord President Charles Hope (Lord Granton), ancestor to Lord Hope of Craighead, gave its decision in Strang v McIntosh 1 S 1 – the first entry in Session Cases. Emma McLarty a
A reclaiming motion by a campaigner for Scottish independence against a judge’s decision that his action seeking declarator that the Scottish Parliament could legislate for a second independence referendum without the consent of Westminster was premature and academic has been refused by the&nb
Professors James Chalmers, Fiona Leverick and Vanessa Munro take issue with recent claims about how often and in what sort of case the 'not proven' verdict is used. In a recent piece for Scottish Legal News, Alistair Bonnington criticised calls to scrap the not proven verdict, making a remarkable cl
Baktosch Gillan interviews the current Lord Lyon, Dr Joe Morrow, about the role of his ancient office in 21st century Scotland. After a career at the forefront of the development of mental health law and practice in Scotland, Dr Joseph Morrow CBE, QC, LLD, is now on a mission to preserve Scotland&rs
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
When the Supreme Court gave its decision in long-running matrimonial dispute Villiers v Villiers this month it handed a significant victory to Edinburgh law firm SKO Family Law. Led by partner Rachael Kelsey – the K in SKO – the firm represented Mrs Villiers in a matter that had sought t
James Haldane Tait died peacefully at home on 9th April, 2020, from causes unrelated to the coronavirus outbreak. Known to his friends as Haldane, he was a remarkable man who has left the world immensely enriched by his time upon it. He is remembered with love and affection by all of those whose liv
A tenant who was refused an extension of the time limit for requesting permission to appeal an eviction decision by the Upper Tribunal for Scotland has been refused permission to appeal to the Court of Session by the same court. Azhir Sharif was evicted from a property in Glasgow in 2
Neil Casey guides landlords through the emergency changes to housing legislation in Scotland. The Scottish Government has passed the Coronavirus (Scotland) Bill, which will now become law. These emergency provisions are due to expire on 30 September 2020, although ministers have the power to ex
I seldom go to the High court these days. High court generally means legal aid, and a recent time and study analysis showed fees earned on such work did not meet office overheads far less make a profit. Thus, the reduced number of High court cases I take on each year are regarded as pro bono because
A man accused of inducing a 14-year-old American girl to send him naked pictures of herself and enticing her to carry out sexual acts over the internet will not be extradited from Scotland to the United States. The Extradition Court in Edinburgh ruled that the extradition of the “req
