In part one of this article yesterday, we considered the case for saying that taking timber from woodland is one of the recognised servitudes - i.e., included on the list of servitudes known to the law. On the one hand, the list of known servitudes in such standard works as the Stair Memorial Encycl
Search: me-cfs
Last week, news of an accident involving Scottish record-breaking cyclist, Christina MacKenzie, spread through the cycling community and beyond. Christina holds the women’s record for cycling from Land’s End to John o’Groats in 51 hours and 5 minutes and the NC500 Women’s rec
Imagine if you couldn’t make decisions yourself. Who would act on your behalf? Who’d pay bills, manage your welfare, and make key decisions? That’s the role of your attorney. The breadth of the control an attorney can have over your affairs couldn’t have been starker in a cas
A sheriff has determined under section 78 of the Extradition Act 2003 that a man who appeared before him at Edinburgh Sheriff Court under the name Arthur Knight was in fact a wanted fugitive sought by the United States of America to face trial. Nicholas Rossi, who was accused of rape in the state of
A judge in the English Court of Protection has ruled that the parents of a student who died from a stroke could not remove and store his sperm for the purpose of later conceiving a grandchild after an urgent hearing was convened to decide the matter. At the time of the hearing the relevant person, X
A Lord Ordinary has reduced a decision of the Home Secretary rejecting a take charge request by the Greek authorities concerning of two Syrian brothers who applied for asylum there but wished to go and live with their uncle in Glasgow. Petitioners A and B, twins born in 2003, were informed that they
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