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A Lord Ordinary has ruled that the UK government acted lawfully in vetoing the Scottish Parliament’s Gender Recognition Reform Bill from receiving lawful assent, after a legal challenge to the block was brought by the Scottish Ministers. It was argued for the petitioners that the preconditions

A serving police officer who was investigated for failing to comply with an order requiring him to take a drugs test has lost a judicial review petition against the decision of Police Scotland to proceed with the investigation. The petitioner, D, had previously been investigated by Police Scotland o

Now that the dust has not settled on the Horizon scandal in Scotland as it relates to convictions of sub-postmasters, it is useful to recall what the lord advocate said in the Scottish Parliament on 16 January, writes former sheriff Douglas J. Cusine. “In September 2020, supported by Crown Off

An employment judge has struck out a claim of unlawful dismissal based on age and disability discrimination by a man who was dismissed after he produced a knife during a meeting with his manager and mimed stabbing himself. Edinburgh Napier University had sought dismissal of the claim on the basis th

It is just over three months since the merger between Morton Fraser and MacRoberts completed and the enlarged firm’s chief executive Chris Harte is pretty pleased with how things are going. Practice groups are getting to grips with their new capabilities and staff at Morton Fraser MacRoberts &

Lawyers from Shepherd and Wedderburn's Pride Network write on this year's LGBT+ History Month topic of medicine. The theme selected by Schools OUT, a UK charity that promotes LGBT equality in education, for LGBT+ History Month 2024 is ‘Medicine - #UnderTheScope’. The aim of this selectio

A woman who was refused a review of her council tax banding by the Assessor for Lanarkshire Valuation Joint Board and had a challenge to that refusal rejected by the First-tier Tribunal for Scotland has failed to obtain permission to further challenge the decision before the Upper Tribunal. Appellan

The Outer House of the Court of Session has rejected a challenge to a will made by an Edinburgh man two days before his death following a wedding ceremony conducted in his flat after his son alleged that the signature on the document had been forged. The first defender, Thorntons Trustees Ltd, relie

The Court of Protection of England and Wales has declined to recognise and enforce a Scottish Guardianship Order authorising the mother of a Scottish woman with moderate intellectual disabilities to consent to the deprivation of her liberty. The SGO was awarded by Aberdeenshire Council on the applic

A Malawian woman who was refused a human rights visa after separating from her abusive husband who initially sponsored her application has successfully had a decision that her claim was unfounded reduced by a Lord Ordinary. The petitioner sought reduction of a decision of the Secretary of State for

Even within the legal profession, to be elected to sit as judge at the European Court of Human Rights (ECtHR) is "beyond a dream", says Tim Eicke. Having taken up the post in 2016, he is currently the UK judge at the court.

A Scottish man injured when he was a passenger on a tour bus in Malta has failed to establish that the Court of Session has jurisdiction in respect of the operator of the bus, after it was added to the action alongside its insurer. The lord ordinary had previously dismissed part of pursuer Simon Mor

A father whose child drowned in a bathtub while in a kinship placement approved by a local authority has been allowed a proof in his action against that authority after a Lord Ordinary rejected arguments that the chain of causation had been broken. Tommy Cruickshanks raised the action against Glasgo

A former tennis player who claimed a newspaper had defamed him in a story that mentioned his tax affairs has failed in his Article 8 appeal to the European Court of Human Rights. The court found that as the newspaper article had been a mixture of value judgment and supported factual statements, it h