To mark Black History Month, SLN is dedicating its ‘Our Legal Heritage’ feature to Scotland’s black history. As a child he was fed from a trough along with the other enslaved children on the plantation and regularly whipped, but Frederick Douglass would grow to become one of the mo
Search: Scots syndicate 1901 bought land in Glasgow for £5000
Does lawful act duress exist at all and, if so, in what circumstances may it be invoked? These are the questions which face the Supreme Court in Times Travel (UK) Limited v Pakistan International Airlines Corporation which was heard by the court on 2 and 3 November 2020, writes Richard McMeeken
We live in turbulent times. Times we simply could not have imagined a few years ago. Some of this article is about all of us. Some of it is about lawyers. Some of it is about lawyers my age. And some of it is about me. I accept that in my case the Autumn Moon Lights My Way.
Many will think of defamation as the primary recourse in battles between public figures and those who seek to comment on them but a recent High Court decision in England and Wales (Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch)) shows that, under the right circumstances, protection of priva
Baktosch Gillan interviews the current Lord Lyon, Dr Joe Morrow, about the role of his ancient office in 21st century Scotland. After a career at the forefront of the development of mental health law and practice in Scotland, Dr Joseph Morrow CBE, QC, LLD, is now on a mission to preserve Scotland&rs
Last week Sheriff (rtd.) Douglas Cusine contributed an article to Scottish Legal News entitled ‘Not proven’ debate lacks clarity. In it, he said, “For me, a ‘not proven’ verdict reflects what we have all experienced, and that is, ‘I’m just not sure.” S
A commercial judge in the Outer House of the Court of Session has allowed a proof in an action raised by a centuries-old Aberdeen society against five of its members to recover money said to have been wrongly paid to them. The Shore Porters’ Society of Aberdeen, as well as three members of its
A terrible fate potentially awaits any Scottish folk troubadour lacking knowledge of US copyright law should he or she be tempted to record or sing in public a Scottish variant of Woody Guthrie’s great American anthem This Land is your Land, This Land is my Land, for they could find themselves
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
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