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The family of a man who died in hospital after being admitted to the accident and emergency department have failed in their claim for damages despite the health board accepting that its staff were “negligent”. A judge in the Court of Session ruled that notwithstanding the fact that hospital staf

A Chinese national seeking permission to remain in the United Kingdom on human rights grounds has successfully challenged a decision by the authorities to reject her application. The judge in the Court of Session ruled that the Home Secretary “fell into error” in reaching her decision that the p

Karen Cornwell Accredited specialist in professional negligence law Karen Cornwell reflects on mainstream lending seven months after judgment was handed down in Hughes-Holland v BPE Solicitors UKSC 21.

Michael J Mylonas QC, Susanna Rickard and Jamie Mathieson (instructed by Hughes Paddison) for the Claimant; Jeremy Hyam QC and Suzanne Lambert (instructed by Hempsons) for the Defendant; Mark McDonald and Christopher Pask (instructed by Axiom Stone) for the Third Party. A father who claimed that his

Brian Inkster reflects on innovation in the legal sector in his comprehensive review of Remaking Law Firms – Why & How by George Beaton and Imme Kaschner. Remaking Law Firms is a book that very much looks at the past, present and future of law firms and the change that might be necessary to re

Litigants who were seeking to enforce an award of payment from a court in Belgium will have to seek an alternative remedy after the registration of the judgment in the Court of Session was cancelled due to a “lacunae” in the law. A judge allowed an appeal against the grant of warrant for registr

A foreign student who was alleged to have breached a condition attached to his grant of a visa has successfully challenged a decision by the UK Government to curtail his leave to remain. A judge in the Court of Session ruled that the decision by the Home Secretary to issue a notice revoking Muhammad

A claimant in a simple procedure case which was initially defended and then settled when the pursuer accepted a tender is entitled to the expenses of process as assessed, after a court rejected the defender’s argument that he should have his liability in expenses capped at 10% of the sum decerned

Professor Conor Gearty In an article first published on the LSE Brexit blog, Professor Conor Gearty scrutinises the notion of “a happy Brexit” and outlines ways in which the EU Withdrawal Bill will constitute a large transfer of power to the executive branch and may lead to the restriction of ci

A Scottish bus driver facing extradition to Dubai to serve a sentence of 12 months’ imprisonment following his conviction of crimes of dishonesty has successfully challenged a bid to remove him to the United Arab Emirates after he argued that his human rights would be breached. Garnet Black, 64, f

A panel which regulates company takeovers has been granted a court order requiring the chairman of Rangers Football Club to make an offer for all the issued ordinary share capital of Rangers International Football Club Plc not already controlled by him. A judge in the Court of Session found in favou

Paul Kirkwood Solicitor and commercial mediator Paul Kirkwood asks whether Scotland should follow Ireland in introducing mediation legislation.

A woman who challenged a confiscation order imposed after her brother was convicted of drugs offences in an attempt to prevent the sale of a property in Edinburgh of which she claimed to be the “beneficial owner” has had her application rejected. A judge in the Court of Session refused to vary t

Two oil and gas exploration companies who are seeking judicial review of the Scottish Government’s decision to ban “fracking” in Scotland have been granted permission to proceed with their legal challenge. A judge in the Court of Session ruled that the application brought by Ineos Upstream Lim

Former MSP Tommy Sheridan has had a £200,000 claim for interest following his successful £200,000 defamation action against the publishers of the News of the World dismissed. A judge in the Court of Session ruled that the ex-Scottish Socialist Party leader’s subsequent prosecution for perjury an