The High Court of Justiciary has answered in the negative two questions relating to whether the Crown had acted unlawfully in the separate prosecution of two teenagers in Dundee Sheriff Court by acting in a manner said to be unlawful under the United Nations Convention on the Rights of the Child (I
Search: Scottish syndicate purchased land 1901 for £5000
A dispute over an incorrectly served Low Emission Zone penalty charge notice that was ruled unenforceable by the First-tier and Upper Tribunals has been remitted to the First-tier Tribunal for reconsideration after a successful appeal by a local authority to the Inner House of the Court of Session.
Lord Ericht has reduced decisions to allow production from two oil and gas fields. There were three petitions relating to oil or gas projects in the North Sea and North Atlantic. Two non‑governmental organisations, Greenpeace and Uplift, sought to challenge (a) the decision of the secretary of sta
Aldi, known for making products that are “like brands, only cheaper”, has been held to infringe Thatchers' trademark in respect of its lookalike cloudy lemon cider product, writes Geoff Steward. Last week, the Court of Appeal of England and Wales found in favour of Thatchers, who had bro
John Sturrock KC explains how Scotland's outgoing senior judges were instrumental in the creation of the Faculty’s training programme three decades ago. This week marks the retirement of Scotland’s two most senior judges, Lord Carloway, the Lord President, and Lady Dorrian, the Lord Just
The Right Honourable Lord Pentland has been sworn in as lord president and lord justice general.
Lady Tait has been sworn in as a senator of the College of Justice. Lady Tait was sworn in by the Lord President, Lord Pentland, in a ceremony at the Court of Session yesterday. After administering the Oath of Allegiance and the Judicial Oath, Lord Pentland invited Lady Tait to take her seat on the
Last November was another significant point in Jen Paton’s career trajectory. The Edinburgh-based legal director in Shoosmiths’ corporate division had been named Corporate Rising Star of the Year at the influential Legal 500 Scotland Awards held in the city. For Ms Paton it was an opport
A woman who was assaulted by her husband was unable to secure civil legal aid for her divorce, despite contacting more than 116 law firms. The mother-of-two from the Highlands qualified for legal aid due to being on universal credit but said no firms were willing or able to take on her case. Some re
A bill that would allow all pupils in state and grant-aided schools to have at least four nights and five days of residential outdoor education during their school career has been supported by a Holyrood committee. Following a vote, members of the Education, Children and Young People Committee agree
The number of times councils in Scotland have breached their legal duty to provide accommodation for vulnerable people has quadrupled in a year, as the shortage of affordable housing worsens. Figures show 7,545 breaches were recorded last year, a sharp rise from 2,000 in the six-month period between
The Home Office has overseen a sharp increase in immigration raids and arrests across Scotland as part of a UK-wide crackdown on illegal working since Labour came to power last summer, according to new figures. Last month, there were 39 immigration enforcement visits in Scotland – a 116 per ce
A Falkirk sheriff has appointed for proof an action by a couple against their former solicitors who failed to inform them of a housing proposal for ground next to their new home after finding that they had a relevant case for professional negligence. Fraser and Vivian Allison instructed Russel &
There has been poor judicial continuity in child contact cases, according to Shared Parenting Scotland (SPS). In a survey conducted last year by SPS, respondents were asked how many different sheriffs had heard their child contact court case. Forty-one per cent reported that four or more sheriffs ha
Thousands of criminal cases in Scotland have been abandoned over the past five years due to statutory time-bar limits and delays by police and reporting agencies, The Scotsman reports. The Crown Office and Procurator Fiscal Service (COPFS) took no action in over 9,000 cases affected by such delays.