Human rights lawyer John Scott QC was an obvious choice when Police Scotland Chief Constable Iain Livingstone was looking for someone to scrutinise the force’s use of emergency coronavirus powers. Having already reviewed how Scottish police dealt with the miners’ strike as well as how th
Search: Me/cfs
An early-years practitioner who was given a Temporary Suspension Order (TSO) after her fitness to practice was called into question has been unsuccessful in challenging the decision. Wendy McLaggan argued that the Scottish Social Services Council was unreasonable in making the order,
The widow of a man who died from cardiac arrest the day after he was discharged from hospital has been unsuccessful in an action for damages arising from medical negligence. Jennifer McCulloch, as well as other members of her family, sued Forth Valley Health Boards for the medical negligen
A property development firm has succeeded in appealing a decision of the Upper Tribunal for Scotland that they were considered the property factors of a building under the Property Factors (Scotland) Act 2011 and were required to comply with the Property Factor Code of Conduct. Proven Prop
A waste management company that sought damages for breach of contract from a city council has had their case continued to a hearing to determine the nature and scope of the proof. Patersons of Greenoakhill Ltd contracted with Glasgow City Council to process waste collected by the coun
A prisoner in HMP Glenochil serving nearly 20 years in custody has been refused permission for judicial review of a decision of the Scottish Ministers not to move him into less secure prison conditions. Lee Brown, who would remain in prison until 2024 without early release, argued that he should hav
Benjamin Bestgen discusses law in utopian fiction. See his last jurisprudential primer here. Dystopian fiction has enjoyed significant popularity again in recent years: Day of the Oprichnik or Hunger Games followed the footsteps of classics like The Handmaid’s Tale, 1984, The Dispossessed, Dar
Today marks the 50th anniversary of the Equal Pay Act being enacted in England and Wales. The Next 100 Years, the latest project from the team behind the First 100 Years, which is dedicated to achieving equality for women in law, is warning that the slow pace of progress is likely to further s
The Outer House of the Court of Session has continued a case involving a dispute based on the sale of a castle in Berwickshire and accompanying barony to allow the parties a proof before answer. Richard Syred and another purchased Ayton Castle, together with the Dignity of the Barony
The UK branch of the environmental organisation Greenpeace has been fined for breach of an interdict granted against them by an offshore drilling company. Transocean Drilling UK Ltd raised a minute against Greenpeace and persons unknown for breach of an interdict granted in June 2019
Two Scottish football clubs have succeeded in their petition for the recovery of documents relevant to orders they sought in terms of the Companies Act 2006. Heart of Midlothian Football Club plc (Hearts) and The Partick Thistle Football Club Ltd (Partick Thistle), alleged that t
A medical practice that took on the staff of a dissolved practice has been unsuccessful in its petition to suspend an Employment Tribunal order requiring it to re-engage a doctor who was employed by the dissolved practice. Levenside Medical Practice, based in Dumbarton, argued that an order could no
Her Majesty’s Revenue and Customs has successfully appealed a decision of the Tax and Chancery Chamber of the Upper Tribunal in which it held that certain modified company vehicles were to be taxed as vans and not cars. The taxpayers, Noel Payne, Christopher Garbett, and Coca-Co
A sheriff has dismissed an undefended petition raised against a limited company by a pursuer represented by a solicitor without a practising certificate as incompetent and has informed the Lord Advocate of the case. The pursuer, known as FF, sought payment of £10,572.57 from a company, kn
A local authority has been granted an interdict against the sale of a farm in West Calder on the basis that a right of pre-emption contained in a feu disposition had survived the abolition of feudal tenure in Scotland. West Lothian Council raised the action against the executors of George