Scots Law | Scottish Law | Law in Scotland

Blogs about Scots Law | Scottish Law | Law in Scotland by Gavin Ward and other Scots Law publishers

Oil Company Cairn Energy Secures Social Media Interdict Against Greenpeace

July 21, 2011

Cairn Energy has obtained an interdict against Greenpeace preventing them posting to Twitter or Facebook photos regarding their occupation of Cairn’s Edinburgh headquarters. In their press release, Greenpeace notes that In its latest move to cover up the truth about its Arctic drilling, Cairn Energy has obtained an extraordinary, wide-ranging legal interdict (injunction) against Greenpeace […]

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Law Society of Scotland & SHRC respond to Carloway Review

June 13, 2011

The Law Society of Scotland and the Scottish Human Rights Commission (SHRC) have both published responses to the Carloway Review, with a large focus on the Scots law requirement of corroboration, through which at least two individual pieces of evidence are required for a criminal conviction to be secured. The corroboration requirement is one element […]

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Consultation on changes to Scotland’s criminal justice system

April 10, 2011

Further to the Cadder V HMA decision, a further full review and potential changes are to be considered for Scots criminal law. This may lead to the revocation of certain current rights of suspected criminals which have stood for hundreds of years. The review is being led by Lord Carloway. Hoping to trigger an “open […]

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Margaret Aitken v Scottish Ambulance Service and Greater Glasgow Health Board [2011] CSOH 49

March 14, 2011

Margaret Aitken v Scottish Ambulance Service and Greater Glasgow Health Board [2011] CSOH 49 Margaret Aitken, a mother whose teenage daughter died through an epileptic seizure, has succeeded in her first legal hurdle to suing the Scottish Ambulance Service and Greater Glasgow Health Board for damages following their alleged negligence. Facts The daughter of Ms […]

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867 criminal cases not able to proceed because of Cadder

February 9, 2011

As reported by the Journal Online on Wednesday 9 February 2011, a total of 867 prosecutions have not be able to proceed as a direct result of the Cadder v HMA ruling last year, the Crown Office and Procurator Fiscal Service has announced.

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Cadder v HMA and Loss of Identity for Scots Law

February 9, 2011

Scotland’s top prosecutor, The Lord Advocate, The Rt Hon Elish Angiolini QC WS, has warned of a loss of identity for Scots law following on from the Supreme Court’s ruling on the Cadder case and, in particular, the power of the Supreme Court to make decisions on Scots human rights cases. The Lord Advocate suggests that the Supreme Court should only have the power to consider newer legislation or decisions with major constitutional consequences.

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HMA v Tommy Sheridan | Scots Law Snhookered?

December 27, 2010

Indeed, it may be said that the case brings nothing new in the way of black-letter law; only practical implications. It will be interesting to see exactly what those practical implications are in 2011, the result of the appeal of the News of the World to reclaim its £200,000, no penny of which Tommy Sheridan has ever held, and what will happen to Tommy Sheridan on 26 January and thereafter: his fight with the News of the World, it seems, is not yet over.

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Scottish courts to open on Saturdays?

November 29, 2010

It has been proposed that courts in Scotland should be open on Saturdays, primarily as a means of tackling alcohol-related crimes. Kenny MacAskill, chairing the Scottish Police Board, discussed the proposal at a recent consultation.

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Cadder Goes Forth | Emergency Amendments to Scots Criminal Law

October 27, 2010

The Law Society’s response appears to be a welcome pragmatic and practical one. The principle of proportionality is rooted in the human rights legislation within the ECHR and, thus, in the Human Rights Act 1998. Yes, we have to change, but let’s not go overboard.

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The Licensing (Scotland) Act 2005 in Practice: Case for Reform

October 11, 2010

Recently, Tom Johnston, managing partner at Young & Partners LLP, a law firm with offices in Dunfermline and Glasgow, wrote in the Law Society’s Journal about a fresh wave of “hell” being swept into Scotland under new licensing laws. See his article here. See his contact details here. Having experienced the chaos in September 2009 […]

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