A lord ordinary has ruled that the assignee of a property development company had a sufficiently relevant case for a proof in an action in which he alleged a fellow director had dishonestly acquired a development site for his own company, resulting in the administration of the company they were both
Search: Scots syndicate 1901 bought land in Glasgow for £5000
The Supreme Court has ruled in three conjoined appeals that persons who witness the death of a close family member in circumstances caused by medical negligence cannot claim compensation for psychiatric injury. The defendants in the cases, two NHS Trusts and a doctor, had applied for the claims to b
It could be tempting after two decades of establishing a successful reputation in a particular sector of the law to continue to plough the same furrow and enjoy the degree of regularity that brings. Not so for Neil Hay who pivoted, as he puts it, from 20 years working in legal aid defence toward a n
One of the most jaw-dropping aspects of the Post Office Horizon scandal and the merciless persecution of its victims was the unfettered power granted to a state-owned corporation which, in England at least, had the singular privilege of investigating itself and bringing private criminal prosecutions
Narcissists of minor repute, for whom notoriety is more achievable than fame, have bitten the hand that feeds them in their latest attack – on the UK's book festivals. David J Black adduces evidence of their hypocrisy, among other things. They never seem to bother with the detail or consider t
Solicitors should support alternative business structures at the AGM of the Law Society of Scotland on Thursday, writes Brian Inkster. Section 47 to 49 of the Legal Services (Scotland) Act 2010 allowed for the creation of licensed legal service providers (commonly referred to as alternative business
A commercial judge has directed that an administration process for a company registered in Luxembourg but with its principal asset comprising a long lease of commercial premises in Scotland should be regarded as ancillary to a primary insolvency process already underway in Luxembourg. Stuart Preston
Great changes are being wrought in Scotland's law of evidence. Dr Grant Barclay, early career fellow in evidence and criminal law at Edinburgh Law School, looks at the full bench decision in HMA v PG and JM. “Having to apply rules, which prohibit a judge or jury from reaching a just conclusion
Statue of Burns in Dumfries town centre, unveiled in 1882. David J Black reminds us just how famous Burns was. See part one here.
Choices, choices, always choices. On February 25th it was between an event in Edinburgh’s Usher Hall marking the third anniversary of Russia’s illegal invasion of Ukraine, or a ‘Gray Day’ in Glasgow’s Oran Mohr marking the 90th anniversary of the birth of the Scotland&r
Glasgow sheriff rules £70,000 payment from father to son not a loan in dispute between their estates
A Glasgow sheriff has ruled that a £70,000 payment by a deceased father to his youngest son in 2009 was not a loan and did not impose a repayment obligation on the son, now also deceased, after an action was raised by his elder brother seeking repayment. Pursuers Jonathan Russell, the eldest s
David J Black reviews a brace of new books on Edinburgh, ‘Scotia’s darling seat’. Alistair Moffat’s A New History of Edinburgh could best be described as a quixotically compelling, if not always satisfying, read. A prolific writer with a well-known background in television, t
Dr Anni Donaldson (School of Social Work and Social Policy, University of Strathclyde), Dr Mary Neal (School of Law, University of Strathclyde) and Professor David Albert Jones (Director, Anscombe Bioethics Centre), experts in domestic abuse, law, and medical ethics, argue that the risk of coercion
A lord ordinary has granted decree of absolvitor in an action raised against the constructors of the Queen Elizabeth Hospital in Glasgow alleging defects in the cladding of part of the adult hospital after finding that the claim had prescribed. Greater Glasgow Health Board raised the action against
Matthew Farrell summarises a case reaffirming that diminution in value is an available defence to a tenant to a terminal dilapidations claim. DWF LLP was the sub-tenant of four floors in Dalmore House, Glasgow. Its landlord was Moor Row Limited. Moor Row let Dalmore House from Tarn Crag Limited, the