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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!
The liquidators of a distribution services company which sold its principal asset for half its market value have failed in a legal challenge against the transaction. A judge rejected the claim that the sale amounted to a “gratuitous alienation” and ruled that the price paid was “adequate consi
The parents of a baby boy who had his eyes removed after being diagnosed with a rare form of cancer have had an action against their local health board dismissed after claiming they were “fobbed off” by a health visitor when they reported concerns about one of his eyes. A judge in the Court of S
A schoolboy who was seriously injured in an accident when a gate fell on him while he and a friend were playing on a farm has been awarded more than £325,000 damages. A judge in the Court of Session ruled that one half of the couple who lived on the farm failed to take reasonable care for his safet
A recruitment company for HGV drivers whose managing director punched one of the firm’s salesmen on a Christmas night out will not be held liable for the employee’s injuries. A High Court judge has ruled that there was “insufficient connection” between the director’s employment and the ass
A child contact case that had been in a succession of courts for seven years - almost all of the life of the child involved - appears to have reached a conclusion in a judgment by Lord Brailsford published last week. In AH v. CH Scotland's senior family judge ordered that direct contact by a father
Douglas Mill In his latest blog, Douglas Mill gives his opinion on the works of Richard Susskind.
A legal bid to remove the so-called “Independence Camp” from the grounds of the Scottish Parliament has been granted after a judge in the Court of Session ruled that such a move would not breach the protestors’ human rights. Lord Turnbull held that the order sought by the petitioners was “pr
A man who retained money given to him under a contract for an illegal purpose has had his appeal – that illegality prevents the operation of the unjust enrichment rules – dismissed by judges in the Supreme Court. Mr Patel gave Mr Mirza £620,000 to place bets on a bank’s share prices with the
Cameron Shaw A recent decision by Sheriff Peter Braid in Edinburgh, in the case of Summary Application under the Adults with Incapacity (Scotland) Act 2000 by J, Solicitor in respect of the Adult F, will give practitioners food for thought when applying to have themselves appointed as financial guar
The detention of an Algerian national who acquired permanent residence in 2003 and 28 criminal convictions by 2012, pending a decision to deport him, was not unlawful, the Supreme Court has ruled – as it additionally declined to make a preliminary reference to the Court of Justice of the European
A Scots lawyer who advised both a husband and wife in drawing up a separation agreement has been found guilty of “professional misconduct”. The Scottish Solicitors’ Discipline Tribunal censured the lawyer for acting for the two clients where there was a “blatant conflict of interest”.
A Scots law firm whose complaint to the legal complaints watchdog about the conduct of a solicitor from another firm was ruled ineligible has successfully appealed against the decision. The firm complained to the Scottish Legal Complaints Commission that the lawyer may have been guilty of profession
Simon Allison Simon Allison explains how to avoid making the same mistakes as Obi Wan Kenobi when training your Padawan.
