John Neilson Kerr LLB, Writer to the Signet. Born 23 September 1956 in Edinburgh. Died 17 March 2019 in Edinburgh, aged 62
Search: Scottish syndicate purchased land 1901 for £5000
There is a right of privacy in the common law of Scotland, a Court of Session judge has ruled. The court held for the first time that the common law right exists in Scots law, and that its nature and scope is similar to that protected under article 8 of the European Convention on Huma
A sheriff’s decision not to impose a custodial sentence on a father-of-three who was convicted of “significant and serious” domestic abuse offences after repeatedly assaulting his wife and two daughters over several years was not “unduly lenient”, appeal judges have rul
Defence solicitor Gordon Ritchie charts the decline of Scotland's justice system and respect for the rights of the accused. As I approach the 30th anniversary of my admission as a solicitor, and contemplate a retirement into the great unknown of pipe and slippers, I considered the changes in law and
A judge has questioned why the courts require facts to be "squeezed into a Moorov straitjacket" instead of recognising a more general principle admitting similar fact evidence where relevance is established. Lord Glennie made the obiter comments in a judgment allowing the appeal against conviction o
Gordon Jackson QC writes about the Faculty of Advocates' involvement in an exciting series of crime events this month at the Bloody Scotland festival. Two of my fresh-faced colleagues at the bar are about to notch up a noteworthy first, the kind of landmark denied to so many of us who are much
After 35 years last month in the profession, 20 of them spent in senior management positions, including client relations manager, in a large firm practising in the higher risk areas of executries, litigation, family and residential conveyancing, I thought it would take more than a determination from
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
A severely disabled man who was sentenced to one year and eight months’ imprisonment after being convicted of sexual offences against children has successfully appealed against a sheriff’s decision to impose a custodial sentence. The appellant “RC”, who was born with spina bi
Ben Zielinski, a senior associate in the commercial litigation team at Shoosmiths in Edinburgh, considers the significance of a recent judgment in the Court of Session that has given greater clarification of how much notice a landlord needs to give to terminate a commercial lease in Scotland. A rece
Scotland’s oldest university will be able to pursue legal action in this jurisdiction against a company it has accused of infringing its trade marks in the sale of student gowns after a Court of Session judge rejected arguments by the London-based retailer that the case should be hea
A failed asylum seeker who claimed that it was “unlawful” for her housing provider to evict her from temporary accommodation by changing the locks to the property without first obtaining a court order has had her appeal dismissed. The Inner House of the Court of Session upheld
A former forestry worker who sued two companies which manufactured the components used in his hip replacements 10 years ago has had his action for damages dismissed. John Hastings, 64, claimed that the metal on metal (MoM) total hip replacements (THR) used in his operations were “defective&rdq
The Scottish Housing Regulator is to investigate Glasgow City Council’s service for people who are homeless after finding that a “significant number of people” are still failing to receive temporary and emergency accommodation when required. Using its powers under the Housing (Scot
Jonathan Seddon determines the pros and cons of a modular approach to delivering homes compared to traditional building. The use of the pre-fab (or modular) building is by no means a new concept in the UK. Historically, it came to the forefront of construction following the Second World War. At a ti