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A woman awaiting a £75,000 payout following a successful employment tribunal case against her former bosses who argued that the lack of a statutory power of arrestment to enable the tribunal to protect an award breached her rights under European law has had her claim dismissed. A judge in the

Advocate Niall McCluskey reflects on the life of his uncle, former judge and peer, Lord McCluskey, who passed away last week at the age of 88. When I was a child, my uncle John (Lord McCluskey) was a family legend. My father, Raymund, would recount how the family meals of his childhood were fre

Today Scottish Legal News reveals that the 140 day rule, once the "jewel in the crown" of the Scottish criminal justice system because of its guarantee of justice without undue delay, is being routinely ignored and that remand wings in Scotland’s prisons are now bursting with prisoners aw

This week Fraser Myers in Spiked questioned if it was right in a country which allegedly protects its citizens rights to free speech, that the media can hardly cover more than the basic outline of the biggest Scottish political story for years. It was inevitable that the question of the strict limit

Dr Felicity Loughlin, lecturer in the history of modern Christianity at Edinburgh University, writes about Scotland’s last persecution for blasphemy as a criminal offence, and what this can tell us about changing attitudes towards religion and free speech in the Victorian age. In 1837, a

For a little lockdown levity, we asked some of our readers to recommend their favourite law-related books.

Alistair Bonnington In response to the Scottish Parliament's invitation for submissions to the remit of the "Commission on Parliamentary Reform”, lawyer and legal commentator Alistair Bonnington gives MSPs and the Parliament short shrift. The views expressed are Alistair's own!

Alistair Bonnington, of Quis, questions the reasoning behind calls to scrap the 'not proven' verdict.  Amongst the free bikes, free laptops and the like, we find Nicola Sturgeon's manifesto for May's election also suggesting that the Scots 'not proven' verdict will have to go. For a long time i

Judges in Scotland feel disrespected, overworked and underpaid, according to a new survey. The UK Judicial Attitude Survey (JAS) is a longitudinal survey conducted with all serving judges in the UK. Undertaken by University College London's Judicial Institute, it is the only known survey of its kind

A wholesale review of how family law in Scotland operates may be required, says a report published today by Holyrood’s Justice Committee. Following concerns raised about the effectiveness of some aspects of the Family Law (Scotland) Act 2006, the committee took evidence from academics, legal pract

Information on community sentences and other court interventions across Scotland are included in a new online directory developed by Community Justice Scotland.  The directory aims to provide sheriffs, defence agents, the Crown Office and social workers with information on local and national sp

A Scottish government bill has come under fire for failing to define simple legal concepts. The Bail and Release from Custody (Scotland) Bill seeks to reduce the number of prisoners on remand but risks creating bad law, Scottish Labour has warned.

Changes intended to modernise the way fatal accident inquiries (FAI) are carried out will come into force this week. Changes introduced by the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016 will "ensure a system which is effective, efficient and fair", the Scottish governme

Changes to Scots law will now mean fatal accident inquiries (FAI) can be held in cases where people die abroad. The Fatal Accidents and Sudden Deaths (Scotland) Bill, which was passed without opposition at the Scottish Parliament, increases the number of situations where FAIs are mandatory as well a

Alex Salmond Alex Salmond has criticised “clever-Dick” lawyers and sheriffs, whom he refers to as “daft toffs”, for opposing legislation to tackle sectarianism at football matches that he brought in during his tenure as First Minister.