A terrible fate potentially awaits any Scottish folk troubadour lacking knowledge of US copyright law should he or she be tempted to record or sing in public a Scottish variant of Woody Guthrie’s great American anthem This Land is your Land, This Land is my Land, for they could find themselves
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A landlord of commercial premises in Aberdeenshire whose former tenant refused to pay for the cost of work to the property at the end of their tenancy has successfully obtained a decree for payment from the Outer House of the Court of Session. Coal Pension Properties Ltd let the premises i
A sheriff in Dundee Sheriff Court has found that the dominant proprietor of a servitude right over castle grounds in Cupar did not have his rights interfered with by the installation of gates along a road he used to access his property and interdicted him from further damaging or removing them. Dona
A man who was convicted of a road traffic offence after falling asleep at the wheel of his car and banned from driving for one year has had his appeal against conviction by stated case refused by the Sheriff Appeal Court. Anthony Wilson was disqualified from holding or obtaining a licence
Generations of students have been inducted into the study of law with Professor MacQueen's lectures and writings. One of the most popular figures in legal academia, he is admired by his colleagues and held in great affection by his students. Ahead of his retirement next month he talks to Margaret Ta
A judge in the Outer House of the Court of Session has granted an increased award of expenses to a group of 27 religious leaders who successfully challenged the Scottish Ministers’ decision to close places of worship in Scotland from late December 2020 to March 20
A judge in the Outer House of the Court of Session has sisted proceedings brought by the guarantor of the now-insolvent Ferguson Marine group of companies after finding that the Scottish Ministers were liable to reimburse them under the terms of an indemnity agreement. HCC International In
The manufacturers of Hendrick’s gin have succeeded in obtaining interim interdict in an action for trade mark infringement against a popular discount supermarket after it redesigned one of its ‘own-label’ products to more closely resemble their product. William Grant and Sons Irish
A recipient of support payments under the Social Care Self-Directed Support (Scotland) Act 2013 has failed in his challenge of a reduction in support hours by the health board responsible for paying for that support. Andrew Lennon argued that NHS Highland had acted unlawfull
A sheriff has determined that a prisoner who died in hospital following an overdose the day after his sentencing did not die as a result of an accident caused by failures in the prison system. Gavin Williamson, who was sentenced to 6 months’ imprisonment and conveyed to HMP Perth the day befor
A judge in the Outer House of the Court of Session has found that a married couple who were granted refugee status are entitled to a reduction of a decision by the tax authority not to accept their claim for backdated child tax credits. Ali and Saima Adnan were granted refugee status
After two decades running the IP practice at Burness Paull, Colin Hulme is well practised in defending his clients’ intellectual property rights. That does not mean there is nothing left for him to learn, though, which is why he has begun trialling a new form of rights-enforcement exercise: a
The renewed attention brought to mental health law by the Scottish government’s ongoing review under John Scott QC renders David W Cobb’s new book particularly timely. Published this month, A Practical Guide to the Sheriff Court and Protecting Vulnerable Adults in Scotland not only provi
A sheriff in Edinburgh Sheriff Court has found that the mother of an eight-year-old child acted in contempt of court in wilfully refusing to comply with a contact order awarded to the child’s father. The pursuer and minuter, B, argued that the defender, A, had along with he
A judge in the Outer House of the Court of Session has refused to recall an interlocutor relating to a motion for interim damages in a personal injury case after the defender’s legal team failed to intimate opposition to the motion in time. Wojciech Kosno sought damages from&nbs