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A man found guilty of sexually assaulting his niece and nephew but who claimed that the doctrine of “mutual corroboration” could not apply to the two offences has had an appeal against his conviction dismissed. The appellant argued that the first charge, which involved touching and massa

Advocate Michael Upton of Hastie Stable examines the issues at the centre of an English court appeal being heard this week. It may seem axiomatic that rights to use or to occupy land must flow - directly or indirectly - from a present or past land-owner. But in the important field of telecoms operat

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

The First-tier Tribunal for Scotland Housing and Property Chamber (FtT) was wrong to dismiss an application to hear a dispute as “frivolous and vexatious”, the Upper Tribunal for Scotland (UT) has ruled. The FtT had rejected the application as “misconceived and

Jacqueline Cook explains the details of 'build to rent'. There may be no place like it but what, exactly, makes a home? Developers and planners seek to answer this question in an increasingly sophisticated residential sector, one which continues to diversify to meet evolving occupier needs. As a res

A lawyer who was seeking to challenge a decision by the Pensions Ombudsman to reject a complaint against a trustee over its handling of a sale of properties has been granted permission to bring an appeal despite missing the deadline by more than four months. A judge in the Court of Session 

A legal challenge by a cross-party group of parliamentarians against the proposed suspension of the UK Parliament ahead of “Brexit day” has been dismissed. A judge in the Court of Session ruled that the advice given by Prime Minister Boris Johnson to Her Majesty The Queen to pr

Paul Craig, professor of English law at St John's College, Oxford and an authority on administrative and EU law, writes about important issues of constitutional principle and law raised by the prospect of prorogation as well as those concerning fact and causation. Constitutional principle and law

A legal challenge brought by a cross-party group of parliamentarians to temporarily halt the effect of Prime Minister Boris Johnson’s advice to Her Majesty the Queen to shut down the UK Parliament ahead of “Brexit day” has been rejected. A judge in the Court of Session re

A lawyer writes about their experience applying for a role in Scotland's judiciary, covered in SLN earlier this year. Clicking on your daily Scottish Legal News email one morning, you see that the Judicial Appointments Board for Scotland, or JABS as it likes to be known, is recruiting again. Th

A couple who claimed their company’s solicitor had been negligent in his conduct during a purchase transaction have failed to establish negligence. Sajjad and Rumella Soofi brought an action against Jeffrey Martin Dykes for professional negligence in respect of their purchase of

A teacher who was “excluded” from a school after raising a personal injury action against a Scottish local authority following a fall at work, and then sought damages for a “depressive illness” he sustained as a result, has had his claim for “psychiatric injury” d

The law on civil partnerships, north and south of the border, is set to change, writes Jennifer Liddell. This year, in response to a Supreme Court ruling, Parliament passed the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019. Section 2 of that act requires the Secretary of State

Ben Wilson details Scotland's legislative efforts to tame its carbon emissions amid a growing sense of urgency over climate change. While good progress has been made on improving the Climate Change Bill, especially on the target to reach net-zero by 2045, more still needs to be done to fully enshrin

The flexibility of the British constitution, once thought to be such a strength, has played a large part in destroying the country. In this edited version of a recent lecture delivered in Cambridge, Professor Conor Gearty (LSE) explains why he now believes more than ever that only the experience of