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Advocate Jon Kiddie of Terra Firma Chambers explores the use of the Scots language in Scots law. ‘That the Court of Session, or College of Justice, do, after the Union, and notwithstanding thereof, remain, in all time coming, within Scotland, as it is now constituted by the Laws of that Kingdo

The family of a 50-year-old man who died after having an accident on a diving boat near Cape Wrath have been awarded £290,000 in damages by a judge in the Outer House of the Court of Session. Debbie Warner, the widow of the late Lex Warner, raised the action following her husband’s death

Douglas J. Cusine questions the purpose and scope of the proposed register of judicial interests. The Scottish government is insisting on a register of judicial interests, to promote the ends of “openness and transparency”. It is unlikely that any arguments presented by the former and cu

The English Intellectual Property Enterprise Court has rejected a claim for trade mark infringement by a self-described “spiritual and holistic therapist” who claimed that another holistic therapist had been using her mark to market online courses and upheld a counterclaim of passing off

A sheriff in Livingston Sheriff Court has found that a charge under Section 1 of the Domestic Abuse (Scotland) Act 2018 of engaging in a course of abusive behaviour against an accused’s ex-partner was able to be sufficiently corroborated by Crown evidence. The accused, JH, was charged with str

The nieces of a deceased Irish citizen who executed her will in Scotland have failed in their application to have the writing on the back of an envelope containing a copy of the will recognised as an adjunct or codicil to it. Christina Cummins and Bridget Tierney, the nieces of the late Mary Downey,

The English Court of Appeal has refused permission to appeal by a 41-year-old man against a decision not to grant two orders in his favour to secure financial support from his still-married parents. Faiz Siddiqui, who was aged 41 at the time of the original hearing, argued that orders under the 

A sheep farmer in the Scottish Borders has been ordered to pay an award of £900,000 to his ex-wife after she brought divorce proceedings to the Outer House of the Court of Session. Edith Bradbury sought a capital payment from the defender, Thomas Craig Bradbury, on the basis that she had made

At almost the half-way point in my presidential year, my term in office at the Law Society of Scotland continues to be shaped by the Covid-19 pandemic. The past 18 months have undoubtedly been among the most challenging any of us have ever faced. However, despite the difficulties, the legal professi

The owners of a hotel in Renfrewshire have failed to overturn a decision of Renfrewshire Council to remove land adjacent to the hotel from a list of sites allocated for residential development. Cosmopolitan Hotels Ltd had applied for planning permission in principle for residential development at a

An English judge has dismissed an appeal by a construction company that was ordered to pay over £220,000 to an aggregate supplier in exchange for supposedly defective aggregate it sold to them for the construction of a warehouse that liquefied in heavy rainfall. It was argued by Readie Constru

A former investment firm employee who became convinced that his activities were being monitored by a Russian gang has lost an appeal against an employment tribunal’s decision that he did not have a mental disability. Stephen Sullivan was employed by Bury Street Capital Ltd, a small capital-rai

A sheriff in Dunfermline has determined that the death of a man who was electrocuted while operating a hedge trimmer could have been avoided if a risk assessment had been carried out on the area he was working in. The deceased, David Anderson, was a self-employed landscape gardener. He was declared

An Edinburgh sheriff has refused to order the extradition of a Polish man who was wanted in Poland to serve a six-month custodial sentence for mercantile fraud on the ground that there would be a disproportionate effect on his family if he did so. Extradition proceedings were raised against RM by th

An Edinburgh sheriff has ruled that a £35 charge for the storage of secure data and call recordings could not be recovered from the estate of a debtor for the purposes of insolvency legislation after an appeal under section 188 of the Bankruptcy (Scotland) Act 2016 was made against a