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A survey has revealed support for changes in the law to promote shared parenting. Amendments to the Children (Scotland) Bill including ones on renaming contact and residence and on a requirement to consider equal residence time between parents by default will be debated by the Justice Committee next

Michael G. J. Upton, advocate, FSA Scot., MCIArb dates the first attested use in our system of certain words, including some denominal verbs liable to excite the grammatical prescriptivist. The extent of what may be known (or at least read) about the present-day world merely by tapping on your keybo

When a legal matter involves a child, there is a fine line between protecting the child and excluding them from something which directly impacts them, writes Jennifer Maciver. Recent announcements from the Scottish government suggest that more will be done in this often difficult situation. Minister

Pictured front row (L-R): Lady Carmichael, Lord Doherty, Archbishop Leo Cushley, Lord Matthews, Lord Drummond Young and Lord Uist

Dr Hannah Graham A new report by criminologists indicates support among criminal justice practitioners for key changes to be made to electronic tagging of prisoners.

Scotland is poised to carry out a record number of extraditions as the UK gains access to a list of Europe’s most wanted criminals. When a new EU crime database goes live today police and prosecutors intend to send people back overseas to be dealt with in their own countries as well as get more Sc

A bill intended to strengthen the fatal accident inquiry (FAI) process in Scotland has been published today. The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Bill will set out practical measures for a system which is "effective, efficient and fair" said the Scottish government.

Journalist John Forsyth discusses the state of Scots law in the wake of recent Supreme Court cases overturning decisions of the Inner House.

The issue of compulsory mediation is exercising legal minds on both sides of the border and, as the appetite for change in Scotland increases, the matter of its feasibility or desirability becomes ever more relevant, writes Molly Somerville. Mediation is an assisted negotiation, where parties v

The role of the Crown Office and Procurator Fiscal Service (COPFS) in the Horizon scandal must be investigated, writes a concerned solicitor. The recent ITV drama on the Horizon scandal has shocked the nation. This has been an issue that has troubled me since listening to Nick Wallis’ excellen

Senators of the College of Justice have warned of inconsistency and ambiguity in proposed hate crime legislation. In a response to Holyrood's Justice Committee, judges noted that free speech provisions in clauses 11 and 12 of the Hate Crime and Public Order (Scotland) Bill only apply

The Scottish government is attempting to give ministers the power to allow solemn trials to be conducted without juries and to "dismantle in one fell swoop more than 600 years of legal principle" in a move described as a "knee-jerk reaction" at best and something "far more sinister" at worst. The Sc

On Thursday 29 June 2023, the Crown Office’s request to extradite Richard Sharples for serious offences – alleged to have happened in Scotland in September 2021 – called before Mr Justice Paul McDermott in the High Court of Ireland, writes Thomas Ross KC. The application was oppose

A terrible fate potentially awaits any Scottish folk troubadour lacking knowledge of US copyright law should he or she be tempted to record or sing in public a Scottish variant of Woody Guthrie’s great American anthem This Land is your Land, This Land is my Land, for they could find themselves

Does lawful act duress exist at all and, if so, in what circumstances may it be invoked? These are the questions which face the Supreme Court in Times Travel (UK) Limited v Pakistan International Airlines Corporation which was heard by the court on 2 and 3 November 2020, writes Richard McMeeken