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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

A contractor has been awarded just over £558,000 in damages after a lord ordinary determined that he was wrongfully interdicted by a housebuilding company which was prosecuted for health and safety offences after interdicting the pursuer from repeating allegations about the presence of asbesto

When Jamila Archibald was named the Law Society of Scotland’s In-House Rising Star earlier this year, then-president Susan Murray was glowing in her endorsement. Ms Archibald had, she said, impressed the judges not just with her ability to “deal with cross-jurisdictional legal queries wh

An Edinburgh sheriff has determined that two relatives of a man wanted to face trial in Canada for manslaughter could also be extradited with him after taking the view that their conduct following the crime would have constituted the offence of attempting to defeat the ends of justice in Scotland. B

A Lord Ordinary has recalled a petition by two companies seeking to reclaim computer code from two former employees on the basis that they had breached confidentiality and infringed their copyright after finding that the petition had been granted without full disclosure. PE Ltd and another company s