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28 Feb 2018, 2:29 am
On appeal from: [2016] CSIH 11 This appeal considered whether the majority of the Extra Division correctly interpreted and applied the law relative to the existence of a duty of care or whether the majority have developed a new test, and whether the majority of the Extra Division exceeded the scope of their appellate jurisdiction. [read post]
29 Mar 2016, 4:00 am
Background Facts The respondents are Joint Administrators of three companies, Loanwell Ltd, Oceancrown Ltd and Questway Ltd. [read post]
19 Nov 2023, 5:29 pm
In an era where technology intertwines with every aspect of our lives, the legal industry is no exception. [read post]
18 Nov 2023, 5:29 pm
These top legal technologist specialists, leaders and heroes in the UK are redefining what it means to practise law, and indeed to succeed with legal service delivery, in the 21st century. [read post]
New Judgment: Russell & Ors v Transocean International Resources Ltd & Ors (Scotland) [2011] UKSC 57
7 Dec 2011, 2:58 am
On appeal from: [2010] CSIH 82 Concerns the right to a minimum period of annual leave under art 7 of the EC Working Time Directive (EC 93/104) (“WTD”) (and implementing legislation, the Working Time Regulations 1998, SI 1998/1833 (“WTR”)). [read post]
11 Jul 2018, 2:12 am
On appeal from: [2016] CSIH 54. [read post]
15 Dec 2010, 2:04 am
The intricacies of Scottish conveyancing are unlikely to grip the readers of this blog. [read post]
24 May 2018, 10:03 am
Jim Hillan and Rachel Arnison, who both work in the tax team at CMS, comment on the Scottish appeal of Commissioners for Her Majesty’s Revenue and Customs v Taylor Clark Leisure Plc, on which judgment is currently awaited from the UK Supreme Court: Background Can a member of a VAT group other than the representative member make a claim on behalf of that VAT group? [read post]
New Judgment: Sadovska & Anor v Secretary of State for the Home Department (Scotland) [2017] UKSC 54
26 Jul 2017, 2:39 am
On appeal from [2016] CSIH 51 This appeal considered whether the Inner House erred in failing to hold that, in cases where the respondent intervenes to stop an alleged marriage of convenience and makes a removal order on that basis, the evidential burden of proof rests with the respondent and requires to be discharged on the balance of probabilities. [read post]
6 Oct 2011, 2:39 am
In Cadder v HM Advocate [2010] UKSC 43, the Supreme Court held that the Crown’s reliance on admissions made by an accused who had no access to a lawyer while he was being questioned as a detainee at a police station was a violation of his rights under ECHR, arts 6(1), (3)(c). [read post]
26 Nov 2016, 10:40 am
“He has a thing about walls, that Mr. [read post]
29 Jun 2022, 2:37 am
On appeal from [2021] CSIH 6 This appeal is unusual in that the legal issues concerning the application of the CPA are largely agreed. [read post]
6 Oct 2011, 2:39 am
In Cadder v HM Advocate [2010] UKSC 43, the Supreme Court held that the Crown’s reliance on admissions made by an accused who had no access to a lawyer while he was being questioned as a detainee at a police station was a violation of his rights under ECHR, arts 6(1), (3)(c). [read post]
8 Jan 2016, 11:46 am
It added: "Westminster would create a dangerous precedent and send a terrible message to the world that the United Kingdom opposes free speech and has no interest in attracting inward investment. [read post]
16 Dec 2015, 3:41 am
On appeal from: [2013] HCJAC 80 The Supreme Court unanimously dismissed the appeal against the appellant’s convictions on the basis that that the Crown had failed to disclose material to the defence. [read post]
1 Nov 2017, 3:15 am
On appeal from: [2015] CSIH 59 This case considered whether the ancillary duty in ECHR, art 5 to facilitate rehabilitation and release applies to recalled extended sentence prisoners. [read post]
24 Jul 2014, 3:10 am
In May 2012 Scotland Yard warned the parent company, News Corp, that News International was under &l [read post]
13 Oct 2011, 6:26 am
The straightforward route was for insurers to rely upon the statutory inability of the Scottish Parliament under s.29(2)(d) of the Scotland Act 1998 to enact any laws which were incompatible with Convention Rights. [read post]
7 Jun 2011, 5:30 am
Natural Disaster Response in Japan and Fiji, Foreign Policy Trip Report, no. 27 (Brookings-LSE Project on Internal Displacement, June 2011) [text]Refugee Integration in Scotland (Scottish Refugee Council, May 2011) [text]Report of the Special Rapporteur on Trafficking in Persons, Especially Women and Children, Joy Ngozi Ezeilo, UN Doc. [read post]
12 Nov 2019, 5:20 am
Kat) a fan of the series “Outlander”, set in 18th - century Scotland, the term would have felt totally at home. [read post]
