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A father whose child drowned in a bathtub while in a kinship placement approved by a local authority has been allowed a proof in his action against that authority after a Lord Ordinary rejected arguments that the chain of causation had been broken. Tommy Cruickshanks raised the action against Glasgo

In recent weeks, the Isle of Man and Jersey have moved closer to enacting assisted dying laws. Scotland also proposed a bill for debate. The Netherlands, a country with almost three decades of practical and legal experience in this matter, allowed the assisted suicide of Zoraya ter Beek, a 29 y

A judge in the High Court of England and Wales has dismissed an application by a transgender man seeking a decree of nullity in respect of his purported marriage to a woman in 2009, when he did not have a valid Gender Recognition Certificate, so that he could lawfully marry her again to resolve an i

An Aberdeen sheriff has ordered a property developer to discharge a £1.15 million standard security granted in his favour by another developer after ruling that all the conditions of discharge had been complied with. Pursuer David Booth and defender Daniel Donald had previously agreed to form

CEO of Scottish property portal ESPC, Paul Hilton, shares his thoughts on how the new UK government could help to bring about much-needed change in Scotland’s housing. While housing is a devolved matter, ESPC hopes that the promises made by Labour in the recent general election might help to b

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