Clik here to view.
Adjudication and Human Rights
Kirsty posted recently* on a decision in which the Court of Appeal clarified the law on Article 1 of the First Protocol (“A1P1″) to the European Convention on Human Rights (“ECHR″). As Kirsty noted,...
View ArticleClik here to view.
Civil liability for statutory breach: Scots law goes its own way
If you are a regular reader of this blog you may just have noticed that the question of the relationship between Scotland and the rest of the UK has been in the headlines recently. And will no doubt...
View ArticleClik here to view.
Fixed term contracts and collective redundancy consultation: University...
Where employers propose to make 20 or more employees “redundant” within a period of 90 days, they are obliged to engage in collective consultation. In this context, the term “redundant” refers to any...
View ArticleClik here to view.
Scottish Independence: Prisoners lose challenge to referendum vote ban
Regular readers will recall our previous post on the attempt by three prisoners to overturn the ban imposed by the Scottish Independence Referendum (Franchise) Act 2013 on prisoners voting in next...
View ArticleClik here to view.
Going straight to the top: access to the Court of Session
The Scottish Court system is in the middle of a significant overhaul designed to increase the efficiency and effectiveness of the use of its resources. One of the main aims is to ensure that cases are...
View ArticleClik here to view.
Changes to commercial procedure in the court of session – a roundup
The Court of Session has recently published a new practice note relating to commercial actions. Background The commercial court came into being back in 1994. It was designed to be a speedy and...
View ArticleLocal Authorities and Legal Aid
Those who were at Brodies’ Local Government conference last month might remember that one of the cases covered in our case round-up was Glasgow City Council v Scottish Legal Aid Board and PQ [2017]...
View ArticleCaveats – The Scottish Early Warning System
Did you know it was possible in Scotland to receive advance notice of someone trying to raise certain court orders against you or your business, in the form of a caveat? Caveats are an ‘early warning...
View ArticlePursuer’s Offer Rejected in Inner House Appeal
The recent decision of the Inner House in Craig Anderson v John Imrie and Antoinette Imrie assessed whether or not a pursuer’s offer in terms of chapter 34A of the Rules of the Court of Session can be...
View ArticleTaylor v Scottish Ministers
The Court of Session has recently issued a decision in relation to a statutory appeal made against the decision of a Reporter. The decision (available here) makes a number of interesting points about...
View ArticleClik here to view.
Could the Court of Session be alive with the sound of music?
I have read a number of recent articles about a crowdfunding appeal to challenge the lawfulness of musical instrument tuition fees in Scottish schools. The people behind the campaign believe that...
View ArticleDilapidations case update:– The need to take care when agreeing terms with...
Gatsby Retail Limited v The Edinburgh Woollen Mill Limited This recent decision from the Court of Session highlights that landlords’ subsequent dealings with dilapidated property is relevant to...
View ArticleClik here to view.
The angels’ share and fair notice
A couple from Falkirk have been allowed an evidentiary hearing in respect of the nuisance allegedly caused by the evaporation of ethanol from a nearby whisky maturing facility. Facts The pursuers...
View ArticleThe nobile officium: plugging the holes in Scotland’s law
I was reminded of Louis Sachars’ modern classic Holes in the last few weeks. Set in the Texan desert, the protagonist and his fellow inmates are made to dig a hole every day – five-feet wide and...
View ArticleClik here to view.
A little less Kavanagh QC, a little more Harvey Specter?
Picture a barrister, advocate or solicitor advocate arguing their client’s case in court. What sort of image springs to mind? Pound to a penny you’re imagining a man or woman in a long black gown with...
View ArticleAdjudication and Human Rights
Kirsty posted recently* on a decision in which the Court of Appeal clarified the law on Article 1 of the First Protocol (“A1P1”) to the European Convention on Human Rights (“ECHR″). As Kirsty noted,...
View ArticleCivil liability for statutory breach: Scots law goes its own way
If you are a regular reader of this blog you may just have noticed that the question of the relationship between Scotland and the rest of the UK has been in the headlines recently. And will no doubt...
View ArticleFixed term contracts and collective redundancy consultation: University...
Where employers propose to make 20 or more employees “redundant” within a period of 90 days, they are obliged to engage in collective consultation. In this context, the term “redundant” refers to any...
View ArticleClik here to view.
Scottish Independence: Prisoners lose challenge to referendum vote ban
Regular readers will recall our previous post on the attempt by three prisoners to overturn the ban imposed by the Scottish Independence Referendum (Franchise) Act 2013 on prisoners voting in next...
View ArticleClik here to view.
Going straight to the top: access to the Court of Session
The Scottish Court system is in the middle of a significant overhaul designed to increase the efficiency and effectiveness of the use of its resources. One of the main aims is to ensure that cases are...
View Article
