Ian Moir is well known in legal circles both as one half of Glasgow-based criminal law firm Moir & Sweeney Litigation and as the outspoken convener of the Law Society of Scotland’s Criminal Legal Aid Committee. He almost didn’t become a lawyer at all, though. Having been told while a
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An Edinburgh sheriff has declared that a retired lecturer who disappeared in June 2023, having last been seen at a beach in North Berwick, had taken his own life by drowning after his children applied to the court for declarator to that effect. The three children of AM sought declarator that their f
A man who left two prison officers injured after trying to escape from custody during a hospital visit has been jailed. James Demarco had been taken to Perth Royal Infirmary for an X-ray appointment on September 25, 2023. The 34-year-old was handcuffed to a female GEOAmey employee when he caused her
A couple who moved out of their rented property early by mutual agreement have successfully challenged a finding that they were due to pay £383 of rent arrears to his former landlord. Thomas and Anne Linden rented a property from respondent Alexander MacPherson from June 2018 to March 2021. Th
The Appeal Court of the High Court of Justiciary has upheld a judge’s decision to impose an Order for Lifelong Restriction against a 24-year-old Aberdeen man convicted of several offences against two former partners. The appellant, AB, was convicted of 11 charges including serious assaults, ab
Adam Swayne looks at how to will cryptocurrency. Every year, millions of pounds worth of cryptocurrency are lost forever because the owners of the currency failed to put a plan in place to leave it to loved ones. A 2020 study by the Cremation Institute indicated that 89 per cent of cryptocurrency ow
Caroline Gillespie considers proposed additional powers to tackle domestic abuse and recent statistics on charges for, and prosecution of, domestic abuse. Scotland’s police, courts and social landlords may soon be given additional powers to protect victims of domestic abuse. The Domestic Abuse
Two men who had been remanded in custody since July 2019 charged with assault and robbery and whose trial had been postponed due to the suspension of jury trials have had their appeal against refusal of bail refused. The accused persons, JD and BK, moved for bail on the basis tha
The safekeeping of digital assets by professional custodians remains uncertain territory. Solicitor Benjamin Bestgen provides an overview. With the increasing popularity of digital assets, parties interested in buying, holding and trading them face a common problem: how can assets like cryptocurrenc
When is a resignation not a resignation? Douglas Strang looks at a recent case that serves as a cautionary tale for employers. It is obvious that before an employee can claim unfair dismissal it is necessary to show that there has in fact been a dismissal by the employer (save where constructive dis
A property lawyer has called on Scots to think twice before entering property raffles in a bid to land their dream home. Graham Adams, legal director at Wright, Johnston & Mackenzie LLP, has issued a warning to those looking to bag a bargain by partaking in property raffles, following a rise in
Glasgow lawyer David McRae, managing director of Just Employment Law, has spoken about his family experience of pancreatic cancer ahead of a major fundraising event for Pancreatic Cancer Scotland (PCS).
Anderson Strathern has added six newly-created director roles to complement its partner base as the firm aims to build on a record financial performance in 2018. Victoria Simpson (private client), Gary Burton, Sarah Philips and Robbie Wilson (dispute resolution), Neil Fraser and Jon McGee (commercia
Jennifer Broatch and Maria Gravelle look at the provisions of the new domestic abuse legislation. Domestic abuse can describe a multitude of behaviour, from physical violence to exercising total control over a partner’s everyday life. Yet, the current law in Scotland only recognises the physic
An environmental campaigner who was seeking to challenge decisions of the UK and Scottish governments not to hold a public inquiry into undercover policing activities in Scotland following the so-called “spy-cops” scandal has had her application for judicial review dismissed. A judge in
