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Scottish Legal News is saddened – and angered – to have to reprint the open letter sent by Glenrothes solicitor Yvonne McKenna to the Scottish Legal Aid Board highlighting the unsustainably low SLAB fees her firm received for work on a landmark case concerning the rights of relevant pers

The Inner House of the Court of Session has ruled that a Lord Ordinary is not required to appoint an oral hearing when considering a request for judicial review of a decision by another Lord Ordinary to refuse a petition for judicial review. Reclaiming motions by April Prior, Gor

The High Court of Justiciary has ruled that the incorporation of a firearm into a dual-purpose object does not mean that it cannot be regarded as “disguised as another object” under section 5(1A)(a) of the Firearms Act 1968. The first Lord Advocate’s Reference&n

Rachel Walker, solicitor and associate at the Legal Services Agency, discusses the provisions for vulnerable adults in the coronavirus legislation. The Coronavirus (Scotland) Act 2020 came into force on 7 April 2020. This legislation has received significant attention in the Scottish

Moir and Sweeney Litigation partner Ian Moir is well known as a vociferous defender of legal aid, with his role as co-convenor of the Law Society of Scotland’s legal aid committee seeing him lobby hard on behalf of colleagues who make a living doing publicly funded work. As part of that he hel

The Upper Tribunal for Scotland refused an appeal against a decision of the First-tier Tribunal for Scotland (Housing and Property Chamber), which had rejected the tenant’s claim after finding that he requested the arrangement.  ‘Pre-payment agreement’

Lawyers have expressed concern after new figures showed total expenditure on legal aid fell slightly to £123.7 million in 2018-19, down from £124.4 million in the previous year. John Mulholland, president of the Law Society of Scotland, said the regulatory body "[doesn't] believe the ove

A woman who appealed a decision of the First-tier Tribunal for Scotland on the basis of her claim she did not have a private residential tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016 has had her appeal refused by the Upper Tribunal for Scotland. Kate Affleck 

The effects of a change in the law on workplace regulations introduced some five years ago are still to fully reveal themselves in Scotland, writes Lorna Ferguson. The Brexit story so far has involved fresh consideration of several long-standing legal, social and economic issues; an important one be

A motorist found guilty of using a mobile phone while driving who claimed that the justice of the peace’s conduct of the proceedings breached his right to a fair trial has had his appeal against conviction dismissed. The complainer alleged that the justice demonstrated “bias” by br

A widow who sued her son and daughter-in-law following a dispute over the sale of the former family home has had her action dismissed.  Catherine Cox, 82, claimed that her son Peter Cox and his wife Karen Cox were acting as her agents in arranging the sale of the home in Edi

Andrew Smith QC Andrew Smith QC of Compass Chambers comprehensively analyses changes to interim awards of expenses in the wake of the Higherdelta case.

Two men found guilty of rape who claimed that the trial judge “misdirected” the jury over their role in assessing video evidence of the incident have had their appeals against their convictions refused. A five-judge bench in the Appeal Court of the High Court of Justiciary ruled that the judge�

Scott Blair In these financially challenging times the issue of how one funds nursing home care becomes ever more pressing for those in need of care as well as local authorities who have to consider whether a recipient of care has disposed of assets - often the residence of the recipient - in such a

Angela Grahame As areas of traditional work are being closed down, the Faculty of Advocates is, to paraphrase the Star Trek prologue, looking to explore strange new areas of business, to seek new clients, discover new disputes to resolve, to boldly go where no advocates have gone before.