Individuals seeking to challenge an age assessment in court should do so by judicial review, a judge has ruled. Lord Woolman in the Court of Session held that while an action for declarator was also a competent remedy, there were “decisive advantages” to proceeding by way of judicial review.
Search: Scots syndicate 1901 bought land in Glasgow for £5000
Alan McIntosh, senior money adviser in Inverclyde Council, writes on the Common Financial Tool. In the first year of implementation of the Bankruptcy and Debt Advice (Scotland) Act 2014 (BADAS), the number of sequestrations in Scotland dropped by 44%; Debt Payment Programmes dropped by 50%; and alth
A man who challenged a disposition on the basis that his parents “lacked capacity” when they signed the document and was granted reduction after a purported beneficiary withdrew her defences on the eve of a proof has been awarded the expenses of the action from the other party’s solicitor. A j
Lord Pentland Today the Scottish Law Commission (SLC) publishes its report recommending reform of defamation law in Scotland. The report includes draft legislation designed to modernise the law for the age of the internet and social media. The draft bill is the most substantial proposed reform of de
Campbell Deane A prominent Scottish defamation lawyer has warned that proposals to align Scotland's defamation laws with England and Wales could "lead to the death of defamation litigation in Scotland".
The repeated use of the word ‘victim’ by Scottish prosecutors to refer to both victims of crime and alleged victims has no basis in law, according to legal experts. This week, the head of the Crown Office and Procurator Fiscal Service (COPFS), Lord Advocate James Wolffe QC signed a memor
Lord Pentland Lord Pentland writes on Scottish Law Commission plans to update Scottish defamation law for the age of social media.
Andrew Mackenzie Andrew Mackenzie, chief executive of the Scottish Arbitration Centre, has been appointed co-chair of the International Bar Association Access to Justice and Legal Aid Committee.
Rachael Kelsey Rachael Kelsey gives Holyrood's Justice Committee some food for thought on how the Brexit legislation will affect family law in Scotland.
Judith Robertson The Scottish Human Rights Commission (SHRC) has expressed its disappointment that Holyrood's social security committee rejected an amendment to further enshrine the right to social security in law.
Julie McMahon Power of attorney registrations have risen by nearly 40 per cent in four years.
A joint initiative to put Scotland’s legal services on the international map will be launched today. A group of Scotland’s leading commercial law firms, in partnership with Scottish Development International (SDI) and the Law Society of Scotland, will launch Scottish Legal International (SLI) in
The family of a mechanical fitter who died of an asbestos-related illness in England after inhaling the deadly dust while working as an apprentice at a shipbuilding company in Scotland will have to pursue their claim for damages under English law, a judge in the Court of Session has ruled. Relatives
Alan McIntosh Alan McIntosh argues, amongst other things, that the Prescription (Scotland) Bill 2018 should be welcomed, but the Scottish Parliament needs to ensure all obligations to pay debts arising from personal contracts and statute should be covered by short term negative prescription, with fe
Andrew Foyle Andrew Foyle, a solicitor advocate and litigation partner in the Edinburgh office of Shoosmiths gave delegates attending the annual Law Society of Scotland Debt Recovery Conference in Glasgow plenty of food for thought on the main challenges and opportunities in the business of debt rec