Search: Me/cfs

A Scottish fishing association which claimed that a continued prohibition on catching salmon in coastal waters and a compensation scheme introduced to support affected farmers were unlawful has had its legal challenge dismissed. A judge in the Court of Session ruled that the compensation s

A student from Afghanistan who has lived in the UK for more than five years has had a legal challenge against a decision to refuse her application for indefinite leave to remain dismissed. The petitioner was seeking to continue her studies in aircraft engineering, but the Home Office rejected her ap

Sarah Alexander discusses the case of Babcock Marine (Clyde) Ltd v HS Barrier Coatings Ltd [2019] CSOH 110 and its impact on what an adjudicator needs to do if they use other people (like a QS) when preparing their decision. In December 2019, Scottish Construction Now published an article by Ki

A Nigerian national who lodged a human right claim to remain in the UK with members of her extended family has successfully challenged a decision to refuse her application to appeal. The First-tier Tribunal (Immigration and Asylum Chamber) rejected the petitioner’s claim that she had developed

Neeraj Thomas, specialist in IP and sports law at CMS, explores how Scotland's IP regulations will apply to the EURO 2020 tournament. This summer’s UEFA EURO 2020 tournament will be held in 12 different cities, with Glasgow’s Hampden Park included as a host venue. It’s another coup

A Scots lawyer who claimed that the Scottish Legal Complaints Commission acted “ultra vires” in unilaterally raising a complaint against him for has successfully challenged the decision. A judge in the Court of Session ruled that the watchdog, which decided ex proprio motu to make a comp

A gay paedophile couple serving life sentences after being found guilty of murder have failed in a legal challenge against a decision by prison authorities to ban them from telephoning each other. Partners Charles O’Neill and William Lauchlan claimed they should be treated as “near relat

Three years after a defamation action was brought against him, Scottish Greens MSP Andy Wightman has been vindicated by a judge in the Court of Session. Lord Clark in the Outer House found, among other things, that the allegedly defamatory statements of Mr Wightman lacked the meaning the "ordinary r

A business restructuring consultant who is suing Police Scotland for £2 million for “malicious prosecution” after he was charged with fraud following the sale of Rangers Football Club Plc has had a motion for summary decree in the action dismissed. David Grier, 57, a former employe

Property law can seem boring and unimportant to some people at times. In the face of a crisis, property law often seems decidedly unimportant. People need to live somewhere, though, and opportunistic and/or thoughtless landlords might use a situation of crisis (or be completely or wilfully oblivious

A developer of commercial wind farms that applied for planning permission for a wind farm within the consultation zone of the Eskdalemuir Seismic Array has succeeded in petitioning the court for a time extension to begin proceedings for judicial review. The planning application of Energiekontor

The joint administrators of the department store Debenhams have been held by the High Court of England and Wales to have adopted the employment contracts of personnel who had been furloughed due to the company’s participation in the Coronavirus Job Retention Scheme (JRS). The administrators so

The High Court of England and Wales has allowed an appeal by the Home Secretary against judicial review proceedings challenging the lawfulness of provisions under the Immigration Act 2014 preventing landlords in the private sector from letting to irregular immigrants. The application was first broug

With the Community Right to Buy for Sustainable Development having come into effect last weekend, land commissioner Megan MacInnes looks at what it means for communities and for land reform. Last weekend marked the launch of the latest in the Scottish government’s land reform toolkit – t

Robert Pirrie WS, chief executive of the WS Society, tells the story of William Roughead, the Edinburgh lawyer who became the father of the ‘true crime’ genre and the celebrated trial for murder of Miss Madelaine Smith. Amongst the many remarkable collections of the Signet Library,