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In this article, Jenny Nicholson-White considers the Supreme Court decision in Paul & Anr v Royal Wolverhampton NHS Trust in the context of labour during which a baby dies in utero due to medical negligence and asks: When might a medical professional owe a duty of care to someone who is not a pa

The English High Court of Justice has struck out an action purporting to bring a representative claim on behalf of passengers of around 116,000 flights with two UK airlines whose flights were cancelled at short notice and who did not receive compensation after determining that the claim was primaril

A lord ordinary has repelled submissions by a Scottish NHS Board that it had not waived privilege in respect of documents it lodged with the court in a legal dispute with a service provider over the abandonment of a public procurement process for laboratory services. Roche Diagnostics Ltd sought dec

When he describes his arrival at the Scottish bar as being “a bit convoluted”, Ian Forrester KC really isn’t kidding. Having studied history and English and then law at the University of Glasgow, Forrester began his career with Maclay Murray & Spens in the mid-1960s with the or

A commercial judge has directed that an administration process for a company registered in Luxembourg but with its principal asset comprising a long lease of commercial premises in Scotland should be regarded as ancillary to a primary insolvency process already underway in Luxembourg. Stuart Preston

The Court of Appeal has refused an appeal against the dismissal of a telecom company’s application for an interim injunction in an ongoing patent licensing dispute between itself and another company in a related industry. Motorola Mobility LLC and Lenovo (United States) Inc (collectively refer

The Employment Appeal Tribunal has overturned a decision that a charity trustee made President-Elect of the British Psychological Society was precluded from making a claim against the charity in relation to detriment done to him on the grounds of making protected disclosures and remitted the case fo

The de recenti disclosure of an undistressed complainer to a third party that they have been the victim of a sexual offence is corroborative, a full bench of the Appeal Court of the High Court of Justiciary has ruled – though one judge gave a minority view warning against the effective removal

A commercial judge in the Outer House of the Court of Session has recalled the appointment of an interim judicial factor on the estates of an Aberdeen-based partnership dealing in scrap metal after finding that the full circumstances did not merit such an appointment. Petitioner Rodney McAllister so

Great changes are being wrought in Scotland's law of evidence. Dr Grant Barclay, early career fellow in evidence and criminal law at Edinburgh Law School, looks at the full bench decision in HMA v PG and JM. “Having to apply rules, which prohibit a judge or jury from reaching a just conclusion

Lindsays chief operating officer Ian Beattie pays tribute to the firm's lawyers playing a role in charities across Scotland. It’s been Trustees Week from 4-8 November, and across Scotland and the rest of the UK, the spotlight is shining on the priceless contribution made by charity trustees to

When we think of prisoner of wars (POWs), we probably think of British prisoners with the images that recall the impenetrable fortress of Colditz and statements that “for you the war is over” in the Great Escape. Both dramatise events with their focus on British escape stories where the

Tributes were paid to the "impossible but fabulous" Ethel Houston to celebrate the 75th anniversary of her becoming the first female partner in a Scottish law firm. Ethel, who would have been 100 this year, became a partner at Balfour and Manson in 1949 – and her life and achievements were cel

A judge in the High Court of Justiciary has concluded after an examination of the facts that a man with significant learning difficulties had murdered a woman in West Calder and attempted to conceal the crime by disposing of incriminating effects. The accused, Michael Porchetta, was deemed unfit for

David J Black tackles the issue of the day. One of the more annoying things about the British media in general, and the navel-gazing BBC in particular, is the irritating habit they all have of prioritising so-called news stories which are so trivial and ephemeral they barely deserve to make the insi