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An action by the lessee of a storage unit located on a former poultry farm that was destroyed by a fire in 2016 has been dismissed by a sheriff. Philip Samson rented a unit at the Turkeytorium, formerly Fenton Barns Farm, owned by DC Watson & Sons (Fenton Barns) Ltd, and sought damages for loss

A judge in the High Court of England and Wales has awarded an Oxford professor over £985,000 in damages after successfully establishing that the law firm that drew up the trust agreement governing his late mother’s estate had negligently failed to provide a veto over a proposed

Thomas Ross QC dissects the latest judgment in the fascinating EncroChat saga. In my last article on this topic I predicted widespread legal challenges to attempts by prosecutors to lead evidence obtained as part of the ‘Encro Hack’ – carried out by French police in May 2020. That

Fishing rights may have been one of the main sticking points of the Brexit negotiations, but not all recent fish-related battles have been waged between Britain and Brussels. In a case that played out much closer to home, the Scottish Creel Fishermen’s Federation (SCFF) challenged the Scottish

A law student in Edinburgh who was placed on the children’s list after being convicted of several sexual offences against schoolmates on Uist has had his appeal against the decision of the Scottish Ministers to list him refused.  DA was convicted of three statutory sexual o

Douglas J. Cusine asks, among other things, why Justice Secretary Humza Yousaf has said nothing about the malicious prosecution scandal? In his statement to Parliament about the prosecution of Whitehouse and Clark, the Lord Advocate made three observations. One was that there should be a judicial in

The Inner House of the Court of Session has refused a reclaiming motion challenging a decision to allow a petition for rectification of a Deed of Conditions relating to a parking garage in Edinburgh to proceed to a proof. Lothian Amusements Ltd, the 57th respondent to the petition raised b

A judge in the Outer House of the Court of Session has rejected a defence pled by the Crown in response to an action for damages for wrongful and malicious prosecution brought by a man who was unsuccessfully prosecuted for fraud for his role in the acquisition of Rangers FC by Craig Whyte

An order preventing the publication of the identities of the complainers in the charges that were brought against former Scottish First Minister Alex Salmond has been amended by the Appeal Court of the High Court of Justiciary following an application for variation. The inci

A judge in the Outer House of the Court of Session has found that a local authority acted unlawfully in failing to provide assistance to a homeless Sudanese refugee living in Scotland. Abdelwahab-Kaba Dafaalla sought declarator that Edinburgh City Council has failed to fulfi

A sheriff in Glasgow has dismissed part of an action for damages raised by an evangelical Christian organisation against the operators of the SSE Hydro Arena but ordered a proof in respect of quantification of loss concerning a potential breach of the Equality Act 2010. The Billy Graham Ev

Benjamin Bestgen considers the law around espionage in this week's jurisprudential primer. See last week's here. James Bond is a bad spy; a pathological character who’d probably score highly on most psychopathy tests: he is glib, manipulative, self-absorbed, lacking in empathy, unnecessarily v

A sheriff in Glasgow has removed the parental rights of a convicted rapist in respect of his son and determined that it would not be in the best interests of the child to have any form of contact with him while still allowing him to have letterbox contact with his daughter. Proceedings for contact w

A sheriff in Glasgow has made an order under the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 in order to prevent the parents of an Indian student studying in the UK from attempting to force her into a marriage. The pursuer, referred to as AB, alleged that he

A woman whose ex-partner forged her signature on a standard security over her home in Edinburgh has successfully had the document reduced by Edinburgh Sheriff Court. Gillian Pearce stated she was not aware of the security granted in favour of David Myers until two years after its