A publishing company that was defrauded of over £193,000 as a result of a “whaling” scam has unsuccessfully reclaimed against a decision that its former credit controller was not liable for damages arising from her mistaken payment of the funds to the fraudsters. The pursuers and r
Search: Scottish syndicate purchased land 1901 for £5000
Donoghue v Stevenson has been voted the top Session Case in a poll by the Scottish Council of Law Reporting to mark the bicentenary of the UK's oldest law reports. It was all but a certainty that the case of the snail in the ginger beer whose doctrines have spread across the world would triumph
Lord Ericht reflects on the significance of the cases that topped the Session Cases poll. In July 1930, a full bench of the High Court of Justiciary heard an appeal against conviction in relation to a series of sexual assaults against female employees in a “drapery establishment” at 186
When Janys Scott QC was asked to represent 27 church leaders in a case relating to whether the Covid-induced closure of churches was lawful, she jumped at the chance. It was, she says, not only an opportunity to test a novel point of law but to explore questions relating to her own faith as well. &l
The Law Society of Scotland has announced reductions in fees it charges to practitioners. The professional body’s governing Council has agreed the following recommendations for the 2021/22 practice year:
Lorna Richardson outlines why reform of the regime on terminating commercial leases is long overdue. Given the operation of tacit relocation in Scots law, notice to quit has to be served by the landlord on the tenant or vice versa in order to bring a commercial lease to an end. It is a matter of sig
The Scottish Young Lawyers' Association and European Young Bar Association have partnered for this year's Spring Conference. Due to take place in Glasgow last year, the conference was postponed due to the pandemic. It will now take place on 14 May 2021 between 12pm and 4pm UK time via Zoom.
As the government continues to push the construction industry to move more of the building process off-site and into factories, Roddy Cormack explores a conundrum which must be solved if the industry is to thrive in this area – who owns what on a partially built project? The conundr
A man who was found with suitcases full of more than £800,000 in cash at Glasgow Airport has been jailed and the money has been seized.
Iain Penman explains the advantages and disadvantages of a Minimal Asset Process (MAP) bankruptcy in Scotland. Bankruptcy, or sequestration as its often called in Scotland, is governed by the Bankruptcy (Scotland) Act 2016 and is available to people, partnerships, trusts and some other unincorp
The 'not proven' verdict is neither logical nor sensible, undermines the presumption of innocence and should be abolished, a recently retired judge has said. Writing in Scottish Legal News today, Lord Uist, who retired from the bench in February, said that the third verdict was "wholly indefensible
Professors James Chalmers, Fiona Leverick and Vanessa Munro take issue with recent claims about how often and in what sort of case the 'not proven' verdict is used. In a recent piece for Scottish Legal News, Alistair Bonnington criticised calls to scrap the not proven verdict, making a remarkable cl
Advocate Ximena Vengoechea has presented a talk on the extent to which liberties were infringed during the pandemic for TEDx. Ms Vengoechea is a dual-qualified human rights lawyer from Colombia who holds several qualifications including a PG specialisation in constitutional law and two postgraduate
Cameron Greig takes a look at CAAD applications. Compensation following the compulsory purchase of land seeks to put the original landowner in the same position as they were in prior to the acquisition (insofar as money can do so).
UK businesses have avoided using litigation to resolve commercial disputes during the Covid-19 pandemic, instead turning to negotiation and mediation, according to new research by EY. The research suggests that UK companies have heeded official guidance, released by the Cabinet Office in May 2020, w
