News

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

Following the upcoming retirement of Sheriff Principal Mhairi Stephen, Her Majesty The Queen has appointed Sheriff Nigel Ross as sheriff principal of the sheriffdom of Lothian and Borders, on the recommendation of First Minister Nicola Sturgeon. Sheriff Ross, who sits at Edinburgh Sheriff Court, wil

Gibson Kerr is setting its sights on becoming the country’s leading provider of mediation services as its third solicitor achieves accredited status. Karen Wylie joined the firm as a senior associate in January and is the latest family lawyer to become an accredited mediator.

A commercial judge in the Outer House of the Court of Session has ruled that the tenant of a pharmacy was not obliged to leave its fixtures and fittings behind upon return to the landlord at the end of the lease. David Tanner, who previously operated pharmacies trading as David Tanner Ltd, argued th

British Sign Language (BSL) will gain legal recognition after a bill received an unopposed third reading in the House of Lords yesterday. The British Sign Language Bill will give BSL legal recognition in England, Wales and Scotland and will impose on the government a duty to issue new guidance and p

The Court of Session has ruled that local authorities are under an absolute legal duty to provide suitable temporary accommodation for homeless households in Scotland, that must meet the needs of disabled children. The central issue in the judicial review of X v Glasgow City Council was whether

A woman has married her cat in a bizarre bid to prevent landlords from evicting her furry friend and to enjoy her lease under the same conditions. Deborah Hodge, a 49-year-old mother from London, organised a wedding ceremony overseen by an ordained friend to show her bond with cat India, Yahoo Life

Britain must relieve the pressures on its education, health and social care systems following the coronavirus pandemic, the country’s human rights watchdog says in a report to the UN today. A widening educational attainment gap for children on free school meals and concerns about safety in the

Iain Drummond and Lindsay Robinson comment on impending changes to the prescription regime. Prescription is the legal rule in Scotland that prevents a person from pursuing their legal rights to a claim after a certain time period has elapsed (the equivalent in England is limitation). A claim ‘

Terra Firma Chambers has congratulated stable member Roddy MacLeod on the publication of his book: Contentious Executries: Commissary & Executry Litigation in Scotland. Practice manager Emma Caskie-Potter said: “Roddy has invested a great deal of time in 'Contentious Executries' and we are

The Auditor General’s recent report on the construction of two CalMac ferries identifies various failures. One critical aspect is the breakdown of relationships between two of the main protagonists, CMAL, the Scottish government-owned ferry purchasers, and FMEL, the ferry builders, alongside f

Ryan Macready, senior solicitor at Macdonald Henderson, discusses the intricacies of buying and selling accountancy practices. The majority of Scottish accountancy firms are owner-managed independent general practices, with a local client base. When approaching retirement age, these owner-managers w

The Justice Committee has called on the government to do more to tackle the lengthy backlog facing the court system. In a report published today, the committee warns that while innovations in the court system are welcome it will require strategic planning and long-term resourcing to address the numb

The Scottish government is currently working on new laws aimed at preventing homelessness. They aim to strengthen housing rights and prevent homelessness through earlier interventions. While Clan Childlaw welcomes the intention to prevent homelessness, we are concerned that the proposals – if

Security holders exercising a standard security should be subject to a duty to conform to reasonable standards of commercial practice, says the Faculty of Advocates. The Faculty was responding to a Scottish Law Commission Discussion Paper on Heritable Securities: Default and Post Default, which soug