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Civil justice is no place for playing party politics

March 26, 2013

A couple of weeks ago we were given a stark reminder as to the pivotal role the House of Lords can still play in democracy. Wednesday 6th March 2013 was a key day in British politics, but also one which exposed the danger in politicising fundamental rights through playing party politics with the civil justice […]

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Defamation, Home Secretary’s comments and action in the courts 

June 26, 2023

– Zia Akhtar Grays Inn. – Suella Braverman’s remarks about ‘Pakistani men’ need examination against the law of defamation and the defence of Parliamentary privilege.  Abstract In an interview on Sky television on 3 April 2023 the UK Home Secretary, Suella Braverman stated that “Pakistan-origin men” were responsible for “grooming white English girls” who were […]

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Prescription in Scotland – A Brief History of Time

March 17, 2021

Prescription has an important role to play in any legal system; it creates an element of certainty for parties that they will not face action after a certain time limit has passed. Prescription gives closure to unresolved legal issues, but time-limits must be sufficient to give parties the choice of taking legal action, and strike […]

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The Offensive Behaviour at Football Act – Does it work?

May 18, 2016

The Offensive Behaviour at Football and Threatening Communications Act 2012 was introduced by the Scottish Government in a bid to wipe out sectarianism and other football-related offences in Scotland. The Act criminalises behaviour which is threatening, hateful or offensive in any way at a regulated football match, the Act includes behaviour such as offensive singing […]

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Counterparts and Delivery in Scotland– A New Era for Document Execution

March 12, 2015

The Legal Writings (Counterparts and Delivery) (Scotland) Bill has now been passed. This piece of legislation allows the execution in counterpart of formal documents and contracts, and will also permit them to become legally effective by electronic delivery. The legislation is only seven sections long, but it is anticipated it will have great impact on […]

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Scots Property Law, Souvenir Plot Ownership & Social Media at its Best

February 15, 2015

It’s one of the best examples of the Scottish legal profession (and indeed other lawyers from around the world) using social media to come together to clarify a point of law and shine light on misleading marketing. What happened? “If you do not understand how land can be sold in Scotland, ask a Scottish lawyer” […]

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Defamation and Digitalisation – Can Scotland Stay in the Dark Age?

October 15, 2014

The Faculty of Advocates have recently highlighted that in a rapidly digitalising world, marked by the rise of social media and the internet, the law of defamation in Scotland may be unable to keep pace. New laws introduced in England and Wales, under the Defamation Act 2013 are designed protect freedom of speech on platforms […]

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Competition Law in an Independent Scotland

August 14, 2014

This post considers such implication and in particular whether Scotland would benefit in being independent from UK competition regulation, or whether the CMA should be relied upon to investigate all cross border competition cases under EU law. The Scottish Government has stated their intentions to create a single authority responsible for both competition enforcement and […]

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Nice people tough lawyers

April 30, 2013

At Thompsons we like to think of ourselves as being nice people but tough lawyers. Earlier this week however I sat through a meeting which would have tested even the toughest of lawyers’ ability not to show their more sensitive side. The meeting in question involved the bereaved parents who have been embroiled in the […]

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Gay Marriage in Scotland

February 3, 2013

Guest post regarding gay marriage in Scotland. The Scottish Parliament plans that churches and belief bodies would need to “opt in” to perform same-sex marriages, meaning that those fundamentally opposed in principal would not face possible law suits. The Church of Scotland and Roman Catholic Church have already expressed their rejection of the idea of […]

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