The Scottish Parliament has declined to close a petition to modify a law that does not apply in Scotland. Petition PE1969 is entitled 'Amend the law to fully decriminalise abortion in Scotland' and claims that the Offences Against the Person Act 1861 makes abortion a criminal offence in Scotland.
Kapil Summan
Said to be a 'living instrument', the European Convention on Human Rights was conceived in the throes of reconciliatory passion in May 1948 at the Congress of Europe in The Hague. It was brought to term by more than a hundred parliamentarians from across the region, including the Edinburgh-born Cons
The Scottish government's latest publication on our controversial third verdict – responses to a consultation on its future – reveals that the public and practitioners alike impute to it their own meaning to suit their own ends. Like some intractable theological question, it has bred zea
Overnight QC Suella Braverman has thrown her hat into the Conservative leadership ring, overnight. Ms Braverman, who threatened to “take back control” from an interfering judiciary upon her appointment in February 2020, practised at the bar before becoming the MP for Fareham in
A sheriff principal has expressed irritation with lawyers over "disorganised" and "simply bewildering" pleadings in a straightforward consumer claim. The case concerned a vehicle to which, it was argued, a towbar had been improperly fitted. The respondent sought to reject the vehicle and claim repay
The Supreme Court has refused permission to appeal in a challenge to the Rwanda asylum plan. The appellant originally applied to the High Court for permission to bring an application for judicial review of Home Secretary Priti Patel's decision that certain people who have made claims for asylum in t
SLN editor Kapil Summan spoke to Scottish photographer and director David Eustace about his portrait series on Scotland's judges—Thirty Two York Place—the site in Edinburgh of eighteenth century portrait artist Sir Henry Raeburn’s studio. David Eustace has had a distinguished caree
Lawyers are predicting a surge in legal cases that take advantage of rules to offset the financial risk of litigation as businesses emerge from the pandemic. Litigation finance rules – which allow parties to a case to fund commercial disputes upfront while spreading the cost – came into
Scottish Legal News is sad to report on the sudden death of popular and much respected advocate Niall McCluskey at the age of 53. Mr McCluskey obtained his LLB and diploma from the University of Aberdeen and called to the bar in 1995, having been in private practice as a solicitor and a procurator f
President of the Supreme Court Lord Reed has resigned as a judge of the Hong Kong Court of Final Appeal a day before he is due to deliver a lecture in Edinburgh on human rights. Lord Reed, who has submitted his resignation along with Lord Hodge, said that he has been "closely monitoring and assessin
The declining provision of civil legal aid has been a "disaster" for Orkney and risks turning it into a legal aid desert, a lawyer has told Scottish Legal News.
Yesterday SLN asked readers for their verdict on 'partygate', the controversy prompted by Prime Minister Boris Johnson's attendance at a gathering of staff in May 2020, the nature of which is disputed.
Today we include comments from Stephen's fellow members of Faculty and the wider profession. They attest to his kindness, intelligence and humility as well as the grief and deep well of feeling his death has brought to all who knew him. Advocate Calum Wilson, who devilled with Stephen, said: "I
Scottish Legal News is sad to report that highly respected silk and principal crown counsel Stephen O'Rourke QC has died suddenly at the age of 45. It is understood that Mr O’Rourke's body was discovered at his home yesterday afternoon.
Lawyers, judges and students gathered in Edinburgh yesterday evening to celebrate the bicentenary of Session Cases. Seemingly at risk of being delayed until the tercentenary, the event was finally able to take place in Parliament Hall. It was hosted by the Scottish Council of Law Reporting (SCLR), w