The Civil Division of the Sheriff Appeal Court has remitted a claim made under Simple Procedure rules for the return of a television to its original owner back to the sheriff after it was ruled that he was not entitled to determine that its prospective purchaser had failed to comply with an unless o
Search: Scottish syndicate purchased land 1901 for £5000
Like something out of Borges, Lord Stewart discusses the report of Thom v Black 1828 7 S 158 – his choice for the top entry in Session Cases. Nominate your favourite cases here. “The law on this subject cannot be better expressed than it is by Monkbarns in a work of fictio
High Court refuses extradition appeal by Bulgarian man wanted in Romania for driving without licence
The High Court of Justiciary has refused to grant leave of appeal against the decision of a sheriff to extradite a Bulgarian man to Romania in order to serve a prison sentence there for driving without a licence. Ilia Iliev, who was subject to a European Arrest Warrant issued under the Extradit
In the 53rd and bonus addition to the jurisprudential primer series, Kapil Summan discusses the debate around the 'not proven' verdict and the views of its supporters and detractors. Thanks are due to Benjamin Bestgen and Dr Brian Barry, of Technological University Dublin, with whom the author had u
The law of damages for unlawful eviction in Scotland fails victims and does little to deter landlords. It requires urgent reform, write Rebecca Morton, Shaun McPhee and Ben Christman of the Legal Services Agency. Eviction without a court order is both a crime and a civil wrong in Scotland, yet victi
David J Black explores the dangers of orthodoxy in the first in a four-part medico-legal series. "Orthodoxy" wrote Bertrand Russell "is the death of intelligence". Before placing this in a medico-legal context with specific reference to the 2009 case Fraser and another v The National Institute of Cl
David J Black looks at the shameful treatment of ME/CFS sufferers in the second part of his medico-legal series. Read part one here. Before entering the realms of Fraser v NICE one or two other factors have to be considered. The first was the role of the generality of a UK media which was almost ent
In part three of his series on the ME/CFS saga, David J Black examines the durability of medical dogma in the face of facts and the risk of a new psychogenic orthodoxy prevailing with a generation of Long Covid sufferers, whose malady bears a striking resemblance to ME/CFS. See also: parts one and t
In the final part of his medico-legal series, David J Black explores how Covid-19 has thrown into relief the maltreatment of ME/CFS victims. The boon to life sciences afforded by the pandemic and the huge sums invested in researching Long Covid have left the psychogenic hypothesis a sinking shi
To mark the end of Pride Month, Beverley Addison, a senior solicitor in BTO’s family law team, takes us on a journey through the history of family law in Scotland for LGBTQ+ people. In the third and final part today, she looks at adoption as well as fertility law – before thinking about
Looking at the number of adverts on Scottish Legal News recently it would appear that as we come out of the pandemic (here’s hoping) that quite a lot of you are. Recruitment in my discipline of family law is not easy, and I know that’s also the case for many other private client-focussed
A joint appeal by three members of the same family who were injured in a road accident on holiday in Malta seeking a remit of their actions to the Court of Session has been refused by the Sheriff Appeal Court. Suzanne, Michael, and Kieran Henderson raised actions against&nbs
After two decades running the IP practice at Burness Paull, Colin Hulme is well practised in defending his clients’ intellectual property rights. That does not mean there is nothing left for him to learn, though, which is why he has begun trialling a new form of rights-enforcement exercise: a
The makers of Hendrick’s Gin have succeeded in extending the range of an interdict preventing a discount supermarket chain from selling a product that infringes on their trade mark to the whole of the UK after the chain brought a reclaiming motion to the Inner House of the Court of Sessio
Recently I came across the text of a lecture by Sir Andrew McFarlane, President of the Family Division of the High Court in England and Wales. In 2019 he delivered the Baroness Butler-Sloss Family Law Lecture at Exeter University. His subject was the development in understanding by social work and j