The Defamation and Malicious Publication (Scotland) Bill was introduced into the Scottish Parliament on 2 December 2019. Implementing many of the Scottish Law Commission’s recommendations on reforming the law of defamation in Scotland, it seeks to codify the current piecemeal approach to an ar
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A Scots lawyer who became embroiled in a “tense and heated” exchange of emails with a former client in which the solicitor said “what would you expect from a pig but a grunt” has been found guilty of “professional misconduct”. Ross Porter, 56, was censured by the&
Stephen Webster considers the issues surrounding the reform of commercial leases. This year, following an extensive stakeholder consultation exercise, the Scottish Law Commission (SLC) is expected to make important recommendations for the reform of six areas of Scots law relating to the termination
It is understood that the firm will be seeking leave to appeal. The success fee provisions of an agreement between a Scottish law firm and its clients in a multi-million pound commercial action and the terms agreed by the firm when it instructed an advocate to act in the case were “illegal and
He has attained folk hero status as a sort of Scottish Robin Hood and at Burns Suppers around the country this weekend his execution will be recalled with performances of ‘Macpherson’s Farewell’ also known as Macpherson’s ‘Rant’ or ‘Lament’. But who wa
A man found guilty of the repeated rape of his former partner and her granddaughter on the basis of the doctrine of “mutual corroboration” has had an appeal against his conviction refused. The appellant claimed that the trial judge’s decision to allow a Crown motion to amend one of
Jamie Kerr provides 20 insights into what the UK immigration system might have in store in the coming years. 1. Brexit
A Scots lawyer found guilty of “professional misconduct” who was ordered to pay the legal expenses of the proceedings on an “agent and client” scale has had a legal challenge against the decision dismissed. A judge in the Court of Session ruled that the application
A former forestry worker who sued two companies which manufactured the components used in his hip replacements 10 years ago has had his action for damages dismissed. John Hastings, 64, claimed that the metal on metal (MoM) total hip replacements (THR) used in his operations were “defective&rdq
A motorist who was fined £500 after being convicted of driving without a valid licence and without insurance has failed in an appeal to have the financial penalty reduced. The appellant claimed that the sentence imposed was “excessive” because it would take nearly two years to repa
A failed asylum seeker who claimed that it was “unlawful” for her housing provider to evict her from temporary accommodation by changing the locks to the property without first obtaining a court order has had her appeal dismissed. The Inner House of the Court of Session upheld
Julie Hamilton considers the role of mediation in commercial litigation and whether the flexibility it offers may be the route to avoiding, or at least limiting, the disputes that get to court. What is mediation?
A Vietnamese asylum-seeker who claimed he was the victim of human trafficking and was a practising Catholic has successfully challenged a decision to refuse permission to appeal against a decision to reject his application. A judge in the Court of Session reduced the decision of the Upper
Two former administrators of Rangers Football Club Plc who are suing the Chief Constable of Police Scotland and the Lord Advocate for £14 million in damages over their alleged “wrongful arrest, detention and prosecution” have successfully challenged a decision t
A man who was sentenced to life imprisonment after being found guilty of the murder of his ex-partner has had an appeal against the punishment part of his sentence refused. Frazer Neil was ordered to serve a minimum of 19 years in prison after being convicted by a majority verdict at the High Court
