The Faculty of Advocates has suggested that draft rules for the new Simple Procedure in the sheriff court could be made simpler. The Scottish Civil Justice Council (SCJC) asked for views on the rules and the Faculty made a number of points in its response.
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of it”. Delivering the opinion of the court, the Lord Justice General said: “There is no requirement that the two sources of evidence be direct testimony from eye-witnesses. It is entirely legitimate to prove a case using, for example, one witness speaking to one incident and the hearsay eviden
No violation of article 6 after evidence found in unlawful search used against man, Strasbourg rules
The European Court of Human Rights (ECtHR) has ruled the article 6 right to a fair trial of a German man was not violated after he complained that evidence found coincidentally during an unlawful house search had been admitted in criminal proceedings against him. The applicant, Hans-Otto Prade, is a
Alison Saunders Prosecutors will be encouraged to pursue internet trolls who use fake profiles online to harass people under guidelines being proposed in England and Wales.
Gordon Aitken Maclay Murray & Spens (MMS) has been shortlisted for a prestigious prize for progressive employers that have successfully embedded family friendly and flexible working practices into their operations.
David Kaye David Kaye, a partner at Harper Macleod, has become the first lawyer in Scotland to be awarded the Qualified Franchise Professional (QFP) accreditation by the British Franchise Association (bfa).
Scott Blair Terra Firma advocate Scott Blair has secured success in a licensing appeal in a decision from Sheriff Braid at Edinburgh Sheriff Court which reiterated the importance of concise, comprehensive and clear reasons in licensing decisions.
Carole Ewart The Jimmy Reid Foundation has published a new policy paper on why Scotland must do better to respect, protect and fulfil human rights across devolved functions.
One of the judges who presided over the Lockerbie trial, the Rt Hon Lord Coulsfield, has died, aged 81. As John Taylor Cameron, he was admitted to the Faculty of Advocates in 1960, and took silk in 1973. He served as Keeper of the Library from 1977 to 1987.
The relationship necessary to give rise to vicarious liability in tort subsisted between a prison service and a prisoner performing work who accidentally injured a catering manager, the Supreme Court has ruled. Lord Neuberger, Lady Hale, Lord Dyson, Lord Reed and Lord Toulson unanimously dismissed t
Lord Carloway A sales executive who was convicted of embezzling more than £8,000 from his employers has failed in an appeal against conviction despite that fact a sheriff made no finding in fact of “dishonest appropriation” of the cash.
Gordon Jackson QC Gordon Jackson QC has joined Brian McConnachie QC in responding to the Lord President, Lord Carloway’s criticism of defence lawyers in sexual offence trials.
Lady Wise A company behind a proposed new wind farm which challenged a decision to refuse planning permission for the development has had a petition for judicial review dismissed.
A company has been held vicariously liable for the actions of an employee at its petrol station who made an unprovoked attack on a customer after the Supreme Court said the “close connection” test was satisfied. The court, comprising Lord Neuberger, Lady Hale, Lord Dyson, Lord Reed and Lord Toul