Search: Me/cfs

An overwhelming number of respondents to an SLN survey think Judge Alexander Kemp should be investigated over anomalies in his judgment in S Peggie v Fife Health Board and Dr B Upton. We received 1,000 responses to our poll. The vast majority, 945, ie 94.5 per cent, agreed that the appearance of fab

A sheriff has allowed a claim by two landowners against their neighbour, whom they averred harmed the wedding business on their land by performing extensive excavation work next to it, to proceed on the basis of pure economic loss based on an intentional or reckless delict of nuisance, but excluded

A sheriff conducting a fatal accident inquiry into the death of a care home resident with dementia who choked on her food after being left alone in her room with her breakfast has concluded that her death could have been avoided if she had been supervised while she was eating and more information ab

A mother whose daughter who suffered a brain injury during labour resulting in cerebral palsy has successfully established liability on the part of her health board after a lord ordinary found that an ultrasound ought to have been ordered after a measurement of the Symphysis-Fundal Height on the bab

An Oban sheriff conducting a Fatal Accident Inquiry into the deaths of two pensioners who were assaulted by a man with a mental disorder has declined to make any recommendations for systemic improvements in Police Scotland and NHS Highlands and Islands after concluding that there were no precautions

When Fiona Pask took on the head of Scotland role at Shakespeare Martineau earlier this year it looked like the firm was finally going to be able to pursue the kind of growth it had planned since launching in Edinburgh in 2020. The Scottish government’s long-awaited Regulation of Legal Service

A sheriff in the All-Scotland Sheriff Personal Injury Court at Edinburgh has refused a motion for an interim payment of expenses in an action with an agreed final accounting of £30,000 after finding that delays in assessment of tax by the Auditor of Court was not sufficient reason to grant an

The Court of Appeal of England and Wales has ruled that a party with an express right to terminate a contract could not lose that right in circumstances where it continued to perform following the termination in circumstances where it did not know that it had that contractual right, in an appeal by

Paul Motion considers whether motions for dawn raid orders should always be video recorded. Of all orders the Scottish civil courts are empowered to make, arguably the most intrusive, invasive and distressing are orders under Section 1 of the Administration of Justice (Scotland) Act 1972. These orde

Thomas Ross KC examines the collapse of the Bayoh inquiry. The resignation of Lord Bracadale from his position as chair of the Sheku Bayoh inquiry after 122 days of evidence – followed by the mass resignation of all the counsel to the inquiry three days later – no doubt led the public to

For those of us who live in or commute to Scotland’s major towns and cities to work, our encounters with the countryside are often brief – and usually recreational.  Of course, the rural and agricultural sector has been crucial to the country’s economy for centuries, with 80 p

A lord ordinary has granted interim possession and interdict in respect of a property forming the sequestrated estate of an elderly man in Edinburgh after finding that it was possible that there was still a risk of unlawful occupation of the property if an order was not made. The Accountant in Bankr

It was unsurprising that the announcement of the winner of a Scottish literary award earlier this month received media attention. What was rather more noteworthy about this event was that it was reported in Scottish Legal News. The recipient of the McIlvanney Prize (named in memory of the late Willi

A Stirling sheriff has granted decree of divorce on the ground of irretrievable breakdown between a couple who occupied a rented council property after a physical altercation in January 2024 but refused to allow a transfer of the tenancy from the defender to the pursuer after finding her case to be

The latest announcement in the incredible delay into implementing alternative business structures is scrutinised by Brian Inkster. The Law Society of Scotland has announced that they were deferring work on Licensed Legal Service Providers (LLSP), commonly referred to as Alternative Business Structur