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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

Fraser Mitchell writes about proposed technical changes to Scottish planning policy and the relevant Scottish government consultation. In July, the Scottish government published a consultation on what it describes as a “technical amendment” to Scottish Planning Policy (SPP). The consulta

The outbreak of war in 1914 prompted a business dispute that ultimately reached the House of Lords and influenced reform to English law. Kate Scarborough explains the details of the case. Cantiere San Rocco SA v Clyde Shipbuilding and Engineering Co Ltd [1923] SC (HL) 105 concerned a

The English Court of Appeal has refused an appeal of a decision to grant planning permission for a primary school near a United States Air Force base in the Lakenheath area. David Gathercole, who was substituted for the original petitioner Lakenheath Parish Council, sought a judicial review of the d

Benjamin Bestgen takes a timeous look at freedom of expression. See his last primer, on marriage, here. Evelyn Hall, the author of The Life of Voltaire, famously acquainted us with a summary of Voltaire’s belief in freedom of speech: “I disapprove of what you say, but I will defend to th

Benjamin Bestgen takes an honest look at marriage in his latest jurisprudential primer. See last week's here. During my legal studies, a professor opined that one of the most legally significant things the majority of people will ever do in their lives is to marry and divorce (the other th

Emily Pike and Rosie Taylor look at the implication of the recent case Villiers v Villiers on the issues of 'jurisdiction shopping', divorce law, trust law, inheritance, and powers of attorney. In July, the UK Supreme Court handed down its decision in the case of Villiers v Villiers 2020 UKSC 3

Bill Meldrum presents the five key principles that should focus landlords' minds around how they interact with commercial tenants. The UK’s commercial property sector faces its own set of challenges due to the uncertainty that the COVID-19 pandemic has brought to our world.

A teenager who was sentenced to four years’ imprisonment after committing an assault with a knife has had his sentence reduced by eight months on appeal.  The appellant, known as JB, argued that the original sentence of six years’ imprisonment, discounted to four years on account of

Benjamin Bestgen this week considers the moral obligations of companies. See his last jurisprudential primer here. Lawyers often keep their views on the moral qualities of their clients or clients’ actions to themselves. Morality, many think, is subjective, particularly as differentiating neat

A milk delivery man who was injured while delivering milk to the Scottish National Portrait Gallery in Edinburgh has successfully appealed against a decision granting decree of absolvitor to the gallery’s controlling organisation. Andrew Wright, an employee of Graham’s Family Dairy, orig

Benjamin Bestgen considers the pitfalls of statistics in his latest jurisprudential primer. See last week's here. Being falsely convicted for murdering one's children is likely amongst the worst experiences any person can have. In 1998, solicitor Sally Clark was convicted of the murders of her two b

The Outer House of the Court of Session has granted a decree of divorce to a domiciled Scot and his spouse living in Dubai. The pursuer, YI, a qualified medical doctor originally from Russia, raised proceedings in Scotland on the basis of irretrievable breakdown due to unreasonable be

Construction lawyer Lisa Dromgoole considers the parallels between Hearts and Partick Thistle’s legal battle with the SPFL and alternative dispute resolution in the building sector. It's not often that a construction lawyer has cause to consider the world of football, or not this construction

A reclaiming motion by a trust against the partial enforcement of an adjudicator’s decision in respect of a dispute between the trust and a company contracted to build a house for the trust has been refused. Dickie & Moore Ltd, the pursuer and respondent, originally raised the proceedings