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No measure will be implemented to address Scotland's backlog of criminal cases that would compromise fair trials, the Lord President has said. Lord Carloway said he will "not contemplate any measure to aid recovery which might compromise the basic principle of a fair trial" in dealing with the backl

Lawyers have said there is a case for complainers in sexual offences cases to be given their own legal representation when applications are made to lead evidence of bad character or sexual history so they can make submissions on whether such an application should be granted in order to prevent "re-v

New powers and measures to align devolved Scots law with those in the European Union after the end of the Brexit transition period have been published. The UK Withdrawal from the European Union (Continuity) (Scotland) Bill will allow or provide for continuity of provision that would otherwise be los

On Wednesday 18th June 2020, a three-day proof conducted with Cisco Webex concluded in the Commercial Court. It is the first proof to be heard in the Court of Session since the beginning of lockdown on 23 March. The pursuer is a company which operates a strawberry farm near Arbroath. It contends tha

A survey has revealed support for changes in the law to promote shared parenting. Amendments to the Children (Scotland) Bill including ones on renaming contact and residence and on a requirement to consider equal residence time between parents by default will be debated by the Justice Committee next

In his second paper 'talk' prepared during lockdown – Remedies, Contract and Delict – Terra Firma's Neil Beynon offers some suggestions for returning to practice in a way that enables the legal system to function properly and fully so as to enable the rule of law to flourish. R

Opinions are being sought on the operation of Scotland's children's hearing system during lockdown by researchers at the University of Strathclyde. The purpose of the survey, which runs until 29th June, is to help inform improvements relating to the conduct of virtual children’s hearings, and

A free online course on the judiciary of England & Wales is back by popular demand. Earlier this year the judiciary, in partnership with King’s College London, launched a free online course about the work of the modern judiciary.

Police have seized dozens of bags full of cannabis which were apparently delivered to the wrong house. A bewildered household in Houston called the cops after receiving an unexpected package filled with weed, which remains illegal in the state of Texas.

Concerned that the responses to COVID-19 may exacerbate existing inequalities across all areas of life, the Equality & Human Rights Commission explains how it will work to support disadvantaged groups. The equality and human rights implications of the coronavirus pandemic stretch far and wide. I

The Supreme Court has today refused appeals by siblings challenging legislation which did not allow them relevant person status in the children’s hearing, but at the same time recognised the need to involve siblings in decisions by the hearing. The case was heard in November 2019. The judgment

A Crown appeal against the leniency of the sentence of a man who pled guilty to deliberately coughing in the faces of two police officers and thus recklessly endangering their lives has resulted in the total sentence being increased by nine months. The appeal by HM Advocate followed the sentencing o

Lady Rae has retired from the bench. Lady Rae was admitted as a solicitor in 1974 and worked as an apprentice and assistant at Biggart Lumsden and Co, Balfour and Manson, Biggart Baillie & Gifford and Ross Harper & Murphy between 1974 and 1977. In 1977 she became a partner at Ross Harper &am

Members of the Scottish Parliament’s Public Audit Committee have launched a call for views on the operation of the Lobbying (Scotland) Act 2016. The act requires a parliamentary committee to review the operation of the act from when the duty to register came into force, up to March 2020.

The latest patent, trademark and design data from the UK Intellectual Property Office shows an impressive performance from Scotland in 2019. Scotland filed 1,168 registered design applications in 2019 compared with 757 applications the previous year – representing a 54.2 per cent rise. This bu