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A long-term prisoner who claimed that the prison authorities acted “unlawfully” in failing to properly progress his application for home detention curfew had his legal challenge dismissed, but the judge later conceded that he ought to have allowed the case to proceed to a full hearing. T

The estranged wife of former Rangers Football Club owner Sir David Murray has been granted a court order preventing a firm of solicitors acting for her husband in a divorce action. Kae Murray sought an interdict after a lawyer who acted for her when the couple signed a pre-nuptial agr

Two innovative judges from the US made a big impression with talks on "therapeutic justice" at a Faculty of Advocates seminar - and it seems Scotland made a big impression on them. Judge Ginger Lerner-Wren spoke of pioneering America’s mental health courts, while Judge Victoria Pratt discussed

A man who physically abused his wife and failed to contribute to the household finances or assist with raising the couple’s four children has had a claim for financial provision upon divorce rejected by a sheriff. The court granted the pursuer’s application for divorce after finding that

Jodi Gordon, partner at Road Traffic Accident Law (Scotland) LLP, makes the case for lengthy driving bans instead of prison sentences following road fatalities. Following the death of a loved one in a road traffic collision, how family members perceive justice to have been served varies dramatically

A simple procedure claim cannot be combined with another action where the value exceeds £5,000, a sheriff has ruled. A car finance company had raised an action against a customer seeking delivery of a vehicle worth more than £30,000 and an enforcement order under the Consumer Credit

Iain Mitchell QC clears some of the confusion surrounding artificial intelligence ahead of the AI Beyond the Hype event in Edinburgh this month. In October, 2017, Saudi Arabia conferred citizenship on Sophia. The puzzling thing is that Sophia is a robot, even more human-looking than the archety

A man found guilty of murder who claimed that the trial judge’s decision to refuse to allow part of a 999 call to be played in court, during which recording a voice could be heard saying words to the effect that one of his co-accused “did it”, has had an appeal against his convicti

A short-term prisoner who claimed that a decision not to release him on a home detention curfew licence breached his human rights has had an action for £10,000 damages dismissed. Thomas Scott sued the Scottish Ministers, claiming that his continued imprisonment following a Parole Boa

Seosamh Gráinséir recounts the Yelverton saga, litigated across the Scottish, English and Irish courts and which resulted in marriage reform in Ireland. On 15 August 1857, Maria Theresa Longworth and Major William Charles Yelverton got married in a Catholic Church near Rostrevor. They

There is a right of privacy in the common law of Scotland, a Court of Session judge has ruled. The court held for the first time that the common law right exists in Scots law, and that its nature and scope is similar to that protected under article 8 of the European Convention on Huma

A Singapore-based banker who raised an action for damages in Scotland following a refusal by the Court of Appeal in London to refer a question of EU law to the European Court of Justice, after his claim for unfair dismissal in the UK employment tribunal was rejected on the grounds that the tribunal

A man accused of sexual offences against his daughter has successfully challenged an attempt by prosecutors to rely on his admissions to a children’s hearing as evidence to corroborate the charges in the criminal proceedings against him. In the first case of its kind, a High Court ju

A teacher who was “excluded” from a school after raising a personal injury action against a Scottish local authority following a fall at work, and then sought damages for a “depressive illness” he sustained as a result, has had his claim for “psychiatric injury” d

A French national whose application for homelessness assistance was rejected by a Scottish local authority has had a petition for judicial review of the decision dismissed. Augustin-Roger Mokombo-Eboma claimed that, as an EU citizen, he was entitled to homelessness assistance in Scotland and that&nb