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A barrister who claimed the new Brexit deal negotiated by the Prime Minister was “unlawful” has had a legal challenge to suspend the agreement dismissed. Jolyon Maugham QC was seeking interim suspension and interdict on the basis that the withdrawal agreement was in breach of legisl

An immigrant whose application for discretionary leave to remain was refused on the basis that he had acquired three criminal convictions while in the UK and because his application was lodged after the expiry of his existing leave has failed in a legal challenge against the decision. The petitioner

A company which claims to have possessed a number of industrial units in a business park for more than 20 years has been granted a full hearing in an action against a property developer who was allegedly seeking to take over possession of the land. The pursuers GNC (Scotland) Ltd were seeking declar

The guardian of a child who was made the subject of a care order has successfully challenged the decision after an appeal court ruled that the judge’s “wholly unsatisfactory” handling of the case amounted to “serious procedural irregularity”. The England and Wales

A baroness who claimed that a decision by the Lord Lyon King of Arms to change the wording of the titles from “the baron of ...” to “holder of the barony of ...” breached an agreement she entered into with his predecessor in office has had a legal challenge against

A woman who was made the subject of a confiscation order under “proceeds of crime” legislation after being convicted of a £50,000 tax fraud has failed in an appeal against her sentence. Joanne Mooney devised a scheme whereby she acted on behalf of others to secure tax rebates

A Nigerian businessman who was refused indefinite leave to remain in the UK despite living here for more than a decade due to tax discrepancies has been granted permission to appeal against the decision to refuse his application. A judge in the Court of Session ruled that the Upper Tribuna

A long-term prisoner whose personal mail was confiscated after a sniffer dog detected drugs has had a legal action against the prison authorities dismissed. David Gilday claimed his human rights had been breached after prison officers seized a greeting card addressed to him, but a judge in the&

The All-Scotland Sheriff Personal Injury Court has issued a judgment to give some guidance on motions for certification of skilled persons and sanction for the employment of counsel made under new court rules introduced in 2019. Sheriff Kenneth McGowan said the terms of motions should

A woman who claimed she was repeatedly raped by her late stepfather is suing the executor of his estate for damages in a landmark case. The woman’s stepbrother, the executor of the estate, argued that the action should not be allowed to proceed because it would not be possible for fair hearing

An oil and gas company has been granted a court order to prohibit environmental campaigners from carrying out protests on four offshore installations in the North Sea. Shell UK was granted an interdict to prevent Greenpeace activists from boarding or attempting to board the Brent Alph

He has attained folk hero status as a sort of Scottish Robin Hood and at Burns Suppers around the country this weekend his execution will be recalled with performances of ‘Macpherson’s Farewell’ also known as Macpherson’s ‘Rant’ or ‘Lament’. But who wa

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