News

Graham Ogilvy enjoys a new presentation of the famous denouement of demagogue Joe McCarthy at the hands of Boston lawyer Joseph N Welch. It is an epic moment in American legal history that played out live on US television – and now new light is shed on the withering exchanges between veteran B

A husband has been ordered to transfer over £700,000 to his wife in order to realise a fair and equal division of matrimonial assets between them in their divorce, but only after legal proceedings against him in Pakistan have been withdrawn. The pursuer, ASA, instigated divorce proceeding

Peter Braid installed today as a senator of the College of Justice at a ceremony held in Parliament House, where social distancing was observed. Lord Braid was installed before a bench of two judges, the Lord President, Lord Carloway, and the Lord Justice Clerk, Lady Dorrian.

Two new protocols that set out practical expectations for private trusts and charities owning land in Scotland have been published today by the Scottish Land Commission. Designed to ensure that the way land is owned, managed and used, benefits everyone in Scotland, the protocols set out expectations

ESPC noted the highest number of viewing requests seen in a single day so far in 2020 after First Minister Nicola Sturgeon confirmed on 18 June that the restrictions on house moves would be relaxed on 29 June. From this date, activities such as in-person property viewings and house moves m

When a defect becomes apparent in a building or structure, how long does the owner have to make a claim? Kathryn Kelly explains more. In Scotland, defects claims have to be made within five years. Time starts to run when loss, injury and damage occurs (section 11(1) of the Prescription and Limi

On Thursday 2 July, the Equality and Human Rights Commission in Scotland will host a webinar to discuss the risks and opportunities for effective participation posed by the recent expansion in use of remote hearings in Scotland’s courts and tribunals. The webinar follows on from the commission

Mediator John Sturrock QC has published a collection of articles and blog posts he has written in recent years, containing reflections on mediation, negotiation, politics and other topics, including the current pandemic. International mediator and author, Ken Cloke, said of A Mediator's Musings: &ld

Coronavirus has had a significant impact on construction projects in terms of delay as well as direct and indirect costs and Claire Logue says it is uncertain how these will be dealt with by the courts. As the Rolling Stones wisely advise us, "You can't always get what you want… but if you tr

Terra Firma is pleased to announce the next in its 2020 Vision series of webinars: 2020 Vision: Bringing Clarity to Planning Law, will be broadcast on Zoom at 11am on Monday 29 June 2020. James Findlay QC and Alasdair Burnet will provide an update on recent case law from the Supreme Court, the Inner

The British Institute of International and Comparative Law (BIICL) is holding an online event this Friday to highlight some of the practical applications of the ideas found in two concept notes on the effect of the COVID-19 pandemic on commercial contracts. These argued amongst other measures for a

A lawyer who responded to a misconduct investigation with "BOOM SHAKALAKA" was rightfully suspended, a court has found. Massachusetts attorney Ilya Liviz was suspended in April 2019 after failing to respond to requests for information during an investigation into alleged professional misconduct.

The High Court of Justiciary has ruled that the incorporation of a firearm into a dual-purpose object does not mean that it cannot be regarded as “disguised as another object” under section 5(1A)(a) of the Firearms Act 1968. The first Lord Advocate’s Reference&n

A new member’s bill aims to make it easier to hold large companies and their senior managers liable for workplace fatalities. The proposed legislation would change the law in Scotland by creating two new offences – causing the death of a person recklessly, or by gross negligence. Both of

Morton Fraser has launched an online fixed-price mediation service for employment disputes. The firm hosted the launch of Scottish Mediation's 'Mediation Charter' at its offices earlier this year and sees this as a natural step in raising the profile of mediation in Scotland.