Most lawyers oppose the removal of the 'not proven' verdict from Scotland's legal system, according to new research. A survey carried out by the Open University found that Scots lawyers supported a system consisting of 'proven' and 'not proven' verdicts and requiring a juror majority of 12
Kapil Summan
A new judgment paves the way for a potential change in the law that would allow for a good faith purchaser to have their real rights in property modified – without their consent. The Inner House of the Court of Session refused a reclaiming motion challenging a decision to allow a petition for
The Scottish Courts and Tribunals Service (SCTS) has denied claims it gave false assurances that a sheriff court was safe to attend last December following a Covid-19 outbreak. Seven members of staff at Kilmarnock Sheriff Court self-isolated before Christmas after testing positive for
Lord Justice Nugee is pictured above sporting the latest in judicial garb – a bespoke Savile Row silk mask. The judge, whose wife is Labour's Emily Thornberry MP, was appointed a Lord Justice of Appeal last year. His daughter Rose commissioned the luxurious face covering from embroiderers
The Scottish Parliament should be able to pass a law to hold an independence referendum without the consent of the UK government, a judge in the Court of Session has heard. Declarator to this effect is being sought by Martin James Keatings. He also argues that no amendment would need to be made of t
Many Scots lawyers would like to see the salutation 'Dear Sirs' dropped from usage in favour of others that recognise that not all lawyers are men, a survey by Scottish Legal News has found.
Two Scottish judges are among a group that will sit in the Supreme Court and Judicial Committee of the Privy Council (JCPC) this term.
Solicitors in West Lothian will move to adjourn future trial diets as concern over the safety of courts in Scotland grows. The Faculty of West Lothian Solicitors has endorsed the response of the Glasgow Bar Association to the Lord President, Lord Carloway, who this week said failure to comply with c
Lawyers have strongly objected to a suggestion from the Lord President that breaches of court safety rules during the lockdown may constitute contempt of court and said any members threatened with this sanction will be offered free representation. In a message published yesterday, Lord Carloway emph
Scotland's legal profession "has to change" to reflect the progressive values it promotes in society, First Minister Nicola Sturgeon has said in an interview with her alma mater. As part of its celebrations to mark the centenary of women being allowed to practise law, the University of Gla
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
The 75th anniversary of the beginning of the Nuremberg Trials is to be celebrated with a ceremony this evening. The event, to be held in Courtroom 600 – the historic site of the trials at the Palace of Justice in Nuremberg, Germany – will comprise a speech and a pane
The UK government regards devolution as an "inconvenience", which can "simply be ignored" when deemed appropriate, Lord Hope of Craighead has said. His comments came before the government suffered a defeat over the United Kingdom Internal Market Bill when peers in the House of Lords voted
The actions of the UK government during the coronavirus emergency this year bear the hallmarks of authoritarianism, Lord Sumption has warned. The former Supreme Court justice noted that authoritarian government promotes "loyalty at the expense of wisdom and flattery at the expense of objective advic