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: Scots syndicate 1901 bought land in Glasgow for £5000
On this day, 200 years ago, the First Division of the Inner House of the Court of Session, presided over by Lord President Charles Hope (Lord Granton), ancestor to Lord Hope of Craighead, gave its decision in Strang v McIntosh 1 S 1 – the first entry in Session Cases. Emma McLarty a
A judge in the Outer House of the Court of Session has sisted proceedings brought by the guarantor of the now-insolvent Ferguson Marine group of companies after finding that the Scottish Ministers were liable to reimburse them under the terms of an indemnity agreement. HCC International In
A limited partner in a Scottish investment fund has succeeded in the first stage of an action of count, reckoning and payment against the partnership and its general partners before the Outer House of the Court of Session. Johann Herberstein believed that the value of his interest in the p
Malcolm Combe, lecturer in law at Strathclyde University and chair of the Land and Human Rights Advisory Forum, looks at the relevance of land and human rights now and what the work of the newly-established forum hopes to achieve. This is a blog post about the new land and human rights forum,
On Thursday 18th November 2021 I appeared on John Beattie’s Drivetime Show on BBC Radio Scotland to discuss the circumstances surrounding the tragic death of Esther Brown – and the criminal proceedings that followed. It occurred to me that there were certain public misconceptions about t
It was reported this week that Alice Sebold, author of the Lovely Bones amongst other works, had issued a public apology for her part in a miscarriage of justice that led to Anthony Broadwater spending 17 years in prison for a crime that he did not commit. But could this miscarriage of justice have
The recent high profile case of Tylicki v Gibbons in the English High Court reiterates that professional sportspersons can successfully sue their fellow competitors for negligence, writes Ahmed Khogali. The core issue of the legal dispute concerned a “duty of care” in sport. The case exa
A judicial review petition challenging the policy of the Criminal Injuries Compensation Authority to withhold compensation for victims with unspent criminal convictions has been refused by the Outer House of the Court of Session. A, the petitioner, had applied to CICA, the second respondent, for com
Advocate Michael Upton discusses CTIL v Compton Beauchamp Estates Ltd; CTIL v Ashloch Ltd and On Tower UK Ltd v AP Wireless II (UK) Ltd [2022] UKSC 18. The ‘new’ Electronic Communications Code came into force at the end of 2017, replacing a predecessor dating from 1984. It is a schedule
David J Black: The triumph of The Turd – Georgian Embra’s architectural reputation goes down the pan
My cool son in the west assured me over a civilised lunch in Cottier’s, in Dowanhill, that a leisurely meal at Glasgow’s Ka Pau, just off the Byres Road, is an experience to be savoured, and he knows about such things. What a dreadful turn of events, then, that this same culinary icon wo
Review: Justice need not be static. In Scotland the lady, sans her blindfold, but with a vestige of the tell-tale scales in her left hand, once stood proudly over the doorway of Scotland’s 1639 Parliament with her companion Mercy until that building was ‘improved’ (i.e. largely dem
The Scottish government's indyref2 bill is ultra vires of the Scotland Act, the Supreme Court has ruled.
Dr Felicity Loughlin, lecturer in the history of modern Christianity at Edinburgh University, writes about Scotland’s last persecution for blasphemy as a criminal offence, and what this can tell us about changing attitudes towards religion and free speech in the Victorian age. In 1837, a
Paul Motion considers a recent advocate general's opinion from the Court of Justice of the European Union. Is a person who makes a subject access request entitled to copies of all documents such as emails?