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A Lord Ordinary has refused to grant an application made by the daughter of a deceased man for a decree ordaining her adopted sister to seek a full account of her intromissions as both attorney and executor-nominate of the deceased’s estate and to repay the estate for monies she had taken from

An organisation that sought to challenge revised statutory guidance issued by the Scottish Ministers regarding what is meant by a “woman” for the purposes of the Gender Representation on Public Boards (Scotland) Act 2018 has had its petition for judicial review refused by the Scottish Mi

Roland Smyth discusses the challenges facing the tourism industry in Scotland as a result of Covid and Brexit and suggests ways to address these issues including investment in staff training, public sector support, and a focus on ESG issues to make the industry more attractive to a wider talent pool

Mary Lawlor, the UN special rapporteur on human rights defenders, reviews another difficult year for human rights. I look back on 2022 with a mixture of admiration for those brave human rights defenders who have refused to be silenced, and dismay at the weasel words of politicians and corporate lead

A Deputy Judge of the High Court of England and Wales has granted permission for a Ukrainian father to withdraw an application under the Hague Convention of 1980 under which he sought the return of his two children to Kyiv. Applicant NW had remained in Ukraine under the requirements of martial law w

I have learned from experience – that when it comes to expressing views on social media in 2023 – it is usually wise to begin by making crystal clear what I am not saying. I am not saying that the United Kingdom should withdraw from the European Convention on Human Rights. That said, vie

The accused in the under-25 rape case, Sean Hogg, may be considering an appeal against conviction. It is unlikely that he will appeal the sentence, but the Crown may do so. The sentencing judge came in for a lot of criticism for not imposing a custodial sentence, but we should not rule out the

An Edinburgh sheriff has ruled that the affairs of a scaffolding company had been conducted in a manner prejudicial to the interests of a man who was entitled to half the shares of the company by a stock transfer form completed by a late former director. Paul Curran made an application under section

Laura Cameron’s dream of becoming a dentist when growing up in Perth was thwarted by an unfortunate and insuperable drawback: her aversion to the sight of blood. “Although I studied sciences at school and got the grades, after a few dissections in the biology lab I realised fairly early

The incoming president of the Law Society of Scotland has pledged to fight for the independence of the legal profession from government, describing this as a critical time for the profession and the rule of law in Scotland. Sheila Webster, a commercial litigation solicitor, takes up the presidency f

Gavin Pearson, managing director and head of Quantuma’s forensic accounting & investigations team, sets out a number of areas that may assist lawyers in the drafting of expert determination clauses. There will be contrasting views as to how effective Expert Determination is as a form of di

This week Fraser Myers in Spiked questioned if it was right in a country which allegedly protects its citizens rights to free speech, that the media can hardly cover more than the basic outline of the biggest Scottish political story for years. It was inevitable that the question of the strict limit

The recent arrest of former First Minister Nicola Sturgeon predictably provoked widespread discussion of the Contempt of Court Act – as it applies in Scotland, writes Thomas Ross KC. It came as a surprise to many that the provisions of the Act were triggered so early in the process. This &ndas

An action for reduction of an eviction order made by the First-tier Tribunal for Scotland’s Housing and Property Chamber in respect of a tenancy of a property held in trust by the landlord for the tenants had been allowed to proceed in the Outer House of the Court of Session. Pursuers Mohammad

The Supreme Court has held that a high street bank did not have a duty not to carry out a customer’s instructions if it had reasonable grounds for believing that customer was defrauded after an appeal against a decision of the Court of Appeal of England & Wales finding that such a duty cou