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A Nigerian citizen who was refused indefinite leave to remain has successfully challenged the decision of the Home Secretary that there were no exceptional circumstances justifying the exercise of discretion in her favour. Ruth Awa was temporarily unlawfully present in the UK during a period be

The High Court in London recently heard an application which had as its aim the exclusion of evidence obtained in the course of law enforcement activity into the EncroChat platform. For reasons which this article will hopefully make obvious, that application will in time be remembered as simply the

A sheriff in Perth has absolved a man of any wrongdoing in a car accident that took place on a back road near Blackford in the Perth and Kinross area.  The pursuer, ER, claimed the defender CD had struck her car while travelling at excessive speed around a bend, and sought damage

A statement made by the Equality and Human Rights Commission (EHRC) about the lawfulness of requesting, gathering and collating data on individuals’ biological sex "misrepresents the law", according to a legal opinion commissioned by Woman’s Place UK (WPUK). Asking an individual the

The High Court of Justiciary has determined that a man who was charged with causing two deaths by dangerous driving could not also be charged with perverting the course of justice by stating his defence to the charge. The defence given by Graham Turner to the dangerous driving ch

A building contractor that was hired to construct an extension at a school in Ayrshire has succeeded in an action to enforce an adjudicator’s award following a dispute with the local authority. The pursuer, D McLaughlin & Sons Ltd, was contracted by the defender, East Ayrshire Co

A top lawyer has called for drug use to be decriminalised in order to combat Scotland's drug deaths crisis. Iain Smith, of Keegan Smith Defence Solicitors, said removing the criminal element from drug use will help users to be seen as “people who are in pain and in need of help”.

A Scottish fishing federation has succeeded in overturning a decision by the Scottish government not to move forward with a proposed pilot scheme affecting inshore fisheries around the Isle of Skye.  The Scottish Creel Fishermen’s Federation challenged a decision of the Sco

Many Scots lawyers would like to see the salutation 'Dear Sirs' dropped from usage in favour of others that recognise that not all lawyers are men, a survey by Scottish Legal News has found.

An action by the lessee of a storage unit located on a former poultry farm that was destroyed by a fire in 2016 has been dismissed by a sheriff. Philip Samson rented a unit at the Turkeytorium, formerly Fenton Barns Farm, owned by DC Watson & Sons (Fenton Barns) Ltd, and sought damages for loss

A judge in the High Court of England and Wales has awarded an Oxford professor over £985,000 in damages after successfully establishing that the law firm that drew up the trust agreement governing his late mother’s estate had negligently failed to provide a veto over a proposed

Thomas Ross QC dissects the latest judgment in the fascinating EncroChat saga. In my last article on this topic I predicted widespread legal challenges to attempts by prosecutors to lead evidence obtained as part of the ‘Encro Hack’ – carried out by French police in May 2020. That

Fishing rights may have been one of the main sticking points of the Brexit negotiations, but not all recent fish-related battles have been waged between Britain and Brussels. In a case that played out much closer to home, the Scottish Creel Fishermen’s Federation (SCFF) challenged the Scottish

A law student in Edinburgh who was placed on the children’s list after being convicted of several sexual offences against schoolmates on Uist has had his appeal against the decision of the Scottish Ministers to list him refused.  DA was convicted of three statutory sexual o

Douglas J. Cusine asks, among other things, why Justice Secretary Humza Yousaf has said nothing about the malicious prosecution scandal? In his statement to Parliament about the prosecution of Whitehouse and Clark, the Lord Advocate made three observations. One was that there should be a judicial in