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
Search: Scottish syndicate purchased land 1901 for £5000
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
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
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
The High Court of Justiciary has refused six conjoined appeals against conviction by a group of men convicted of conspiring to murder a family in Glasgow. Brian Ferguson, Andrew Gallacher, Robert Pickett, Andrew Sinclair, John Hardie, and Peter Bain were sente
A new advocate has spoken of the difficult position he and his cohort have found themselves in over the past year and has called on government to widen the ambit of financial support schemes. Jon Kiddie joined the Faculty of Advocates last year, along with 25 others in what was one of the biggest in
A judge in the Outer House of the Court of Session has rejected a defence pled by the Crown in response to an action for damages for wrongful and malicious prosecution brought by a man who was unsuccessfully prosecuted for fraud for his role in the acquisition of Rangers FC by Craig Whyte
Thomas Ross QC dissects the latest judgment in the fascinating EncroChat saga. In my last article on this topic I predicted widespread legal challenges to attempts by prosecutors to lead evidence obtained as part of the ‘Encro Hack’ – carried out by French police in May 2020. That
David Whitehouse, who is understood to have been awarded £10 million from the Crown Office in an out-of-court settlement and millions more from Police Scotland in addition to legal costs, has criticised the current Lord Advocate, James Wolffe QC, for an apology sent to him that fails to detail
Eric McQueen, chief executive of the Scottish Courts and Tribunals Service (SCTS), has written to bar associations in response to a letter raising concerns about the implementation of Covid-19 protections in court and tribunal buildings. We reproduce his letter in full below. Thank you for your lett
Andrew Stevenson reflects on a literary-cum-legal encounter between two of Scotland's greatest writers. Two hundred years ago two of Scotland’s most eminent men of literature met in court. One of them, James Hogg, the self-styled Ettrick Shepherd, is best known for his novel The Private
Baktosch Gillan spoke to Rosalind McInnes, BBC Scotland legal director, about her career with the broadcaster and coping with lockdown. In more than two decades as an in-house solicitor with BBC Scotland, Rosalind McInnes has been a source of advice and support to not only the journalists employed a
Gordon Lindhurst examines a recent US judgment on religious meetings during the pandemic, finding that it parallels European cases. In granting injunctive relief against fixed limits on the number of attendees allowed at religious services due to Covid, the US Supreme Court (SCOTUS) in Roman Ca
The claim that juries subscribe to rape myths and are biased against complainants has no basis in empirical fact, a new study has found. The work, undertaken by academics at University College London, is also informed by research that casts serious doubt on the value of mock juries as a proxy for re
Scotland is becoming a state in which the population is forced to conform to the vision and values of the ruling elite, a new book argues. In The Justice Factory: Can the Rule of Law Survive in 21st Century Scotland?, author Ian Mitchell suggests that the country is on the road to becoming an author
