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Hector L MacQueen and Scott Wortley
email:hector.macqueen@ed.ac.uk
Crown decides not to seek Siddique retrial
Hector MacQueen 09 February 2010 12:33
The Crown Office issued a statement on 9 February 2010 indicating that it had decided not to seek a retrial of Mohammed Atif Siddique on terrorism charges following the Criminal Appeal Court's decision two weeks ago to quash a conviction under section 57 of the Terrorism Act 2000, on the basis that the trial judge misdirected the jury as to the relevant law. Read more...
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Scots Law News: strictly not an X-Factor political blog
Hector MacQueen 08 February 2010 22:36
The Scotblogs Awards 2010 did not, despite the best efforts of our loyal readership, lead to ultimate glory for Scots Law News, but instead to reflection once more upon the difference between expert and popular opinion. Read more...
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Naked Rambler's longest yet; but hope in Fife?
Hector MacQueen 08 February 2010 22:21
Sheriff Lindsay Foulis of Perth put the Naked Rambler away for 21 months on 8 February 2010, the longest sentence yet for the unclothed one (albeit that it includes 180 days he had left to serve when last released in December 2009).  The sentence also includes three months for contempt by appearing nude in court. Read more...
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Terrorism in Scotland: Anwar's vindication?
Hector MacQueen 08 February 2010 22:02
The Court of Criminal Appeal announced on 29 January 2010 that it was minded to overturn the 2007 conviction of Mohammed Atif Siddique for terrorism offences, as he had suffered a “miscarriage of justice” through "material misdirection" by the trial judge.  Read more...
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January reports
Hector MacQueen 08 February 2010 21:30
January 2010 saw the publication of two reports (one admittedly a draft for comment) of potential significance for the Scottish legal system. Read more...
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Vote for Scots Law News as Scots blog of the year!
Hector MacQueen 17 January 2010 21:56
Scots Law News has learned with delight that it has been nominated along with 141 other contenders for the prestigious Scotblogs Award 2010.  Please vote here for us before 8 pm on Friday 27 January 2010 if you would like to hear our acceptance speech, tears, thanks and all, at the award dinner (we hope). Read more...
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Scotland's sheriff courts also opened 2010 with a bang, dealing firmly with long-time customer the Naked Rambler and ruling authoritatively that the perry concoction known as Lambrini is not a sparkling wine. Read more...
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Big decisions hansel the new year in Parliament House
Hector MacQueen 17 January 2010 21:05
Two important judicial review decisions to get 2010 off to an impressive start in the Court of Session: one on Donald Trump's plans for a golf course in Aberdeenshire, the other upholding the Scottish Parliament's pleural plaques legislation. Read more...
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Crown Office statement on BBC Lockerbie evidence claim
Hector MacQueen 07 January 2010 17:05
On 7 January 2010 the Crown Office issued a "STATEMENT ON LOCKERBIE TIMER FRAGMENT CLAIMS", responding to a BBC Newsnight item the previous evening (which, ironically, could not be seen in Scotland because the item was shown after the show split from its UK to its Scottish version at 11 a.m. Read more...
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Looking forward to 2010
Hector MacQueen 04 January 2010 19:37
Scots Law News being of the view that the first decade of the twenty-first century does not end until 31 December 2010, a retrospective on the so-called 'Noughties' has been ruled out and with it a retrospective, or even an end-of-year quiz, on 2009 (especially this long after Hogmanay).  Instead, let's look forward into Twenty-Ten. Read more...
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Ur Duthchas, or native title in the Scottish Highlands?
Hector MacQueen 04 January 2010 18:59
Property law correspondent Kenneth Reid has taken time out from editing the Edinburgh Law Review to draw our attention to Public Petition PE1297 now before the Scottish Parliament, which asserts the existence of a form of land tenure in the Scottish Highlands hitherto un-noticed in the standard works on property law in Scotland. Read more...
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On the cusp in Paisley Sheriff Court
Hector MacQueen 04 January 2010 18:34
Our thanks to Elspeth Reid for alerting us to a sheriff's difficulties with some apparent psychobabble in a social work report for Paisley Sheriff Court, as reported by the BBC. Read more...
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Sir David Edward, QC delivered the opinion of the court in the Extra Division decision in Multi-Link Leisure Developments Ltd v North lanarkshire Council on 30th December 2009, and made a late bid for the coveted award of Scots Law News's most entertaining judgment of the year. That this is achieved in a judgment on the interpretation of a clause granting an option in a contract of lease demonstrates its mastery. Read more...
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Sentencing in murder cases
Scott Wortley 31 December 2009 17:50
We earlier noted the appeal by the Lord Advocate relating to the punishment tariff in murder cases. Judgment in the 5 judge decision was issued in late November 2009 in HMA v Boyle, Maddock, and Kelly [2009] HCJAC 89. Read more...
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First Scottish cases in Supreme Court
Scott Wortley 31 December 2009 17:44
The first Scottish cases to reach the Supreme Court of the United Kingdom were argued before a bench comprising Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Brown of Eaton-Under-Heywood, and Lord Kerr of Tonaghmore from December 8th 2009. It is perhaps surprising that the cases are appeals not from the Court of Session but from the High Court of Justiciary. Read more...
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Scottish Law Commission joint reports
Scott Wortley 31 December 2009 17:44
An important part of the work of the Scottish Law Commission involves close co-operation with the Law Commission in England and Wales. The Commissions have recently published joint reports on consumer insurance and Consumer Insurance Law: Pre-contract Disclosure and Misrepresentation (Scot Law Com no 219); and Consumer Remedies for Faulty Goods (Scot law Com no 216). Read more...
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Double jeopardy again
Scott Wortley 31 December 2009 17:43
The Scottish Law Commission Report on Double Jeopardy (part of the criminal law programme taken on by the SLC following the reference from the Scottish government after the World's End murder trial - on which see here) was published in early December (Scot Law Com no 218). The SLC has recommended the statutory restatement (and clarification) of the rule as well as recommending that it should not apply where the original trial has been corrupted, for instance by jury-rigging or intimidation of witnesses, or where the person acquitted has later admitted committing the offence. Read more...
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Unincorporated associations
Scott Wortley 31 December 2009 17:43
On 26 November 2009 the Scottish Law Commission published its report on Unincorporated Associations (Scot Law Com no 217). Read more...
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On 29th November Buckingham Palace announced the appointment of Lord Hope of Craighead, Deputy president of the Supreme Court of the United Kingdom, to be a Knight of the Most Ancient and Most Noble Order of the Thistle. Read more...
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The Ure Elder Fund for Indigent Widow Ladies
Scott Wortley 24 December 2009 18:31
Since the Scottish Parliament started business in 1999 it has passed ten private Acts. The Parliament has a special private bill procedure. As each private bill is introduced to further the private interests of the bill's promoter objections are permissible and it is for Parliament to arbitrate between promoters and objectors. Read more...
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There's gold in them thar hills ...
Hector MacQueen 05 November 2009 16:03
The Scots law of treasure trove sprang back to public attention on 4 November 2009 with the news that an amateur treasure hunter's find of prehistoric gold jewellery in a field somewhere near Blair Drummond in Stirlingshire was now in the custody of the Treasure Trove Unit, with the finder expected to benefit from a substantial reward of at least a six-figure sum. Read more...
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Tales from Perth Sheriff Court (continued)
Hector MacQueen 05 November 2009 15:56
Scots Law News' favourite sheriff court continues to provide a rich seam of material for the benefit of our readers. Read more...
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Megrahi: latest developments
Hector MacQueen 25 October 2009 19:35
Several items of interest on the Megrahi case emerged in the course of October 2009. Read more...
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Lord Macphail
Hector MacQueen 25 October 2009 19:32
2009 has already seen a number of grievous losses to the law in Scotland, but on 23 October 2009 another was recorded with the death of Lord Macphail at the age of 71. Read more...
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Busy autumn in Parliament House
Hector MacQueen 25 October 2009 19:31
A number of interesting decisions have been coming out of the Court of Session since the new term began in September, for example on contract, constructive trusts, and even database rights. Read more...
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Poetry and art in the UK Supreme Court
Hector MacQueen 24 October 2009 09:22
It appears from the UK Supreme Court website that the Justices of the court commissioned a poem from former Poet Laureate Andrew Motion to mark its opening. Read more...
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When foreign law isn't argued, what do you do?
Scott Wortley 02 October 2009 22:18
The case of BJZ, Petr [2009] CSOH 136 is an interesting decision by Lady Smith in the law of child abduction, and adds to the jurisprudence on the Hague Convention on Child Abduction as the petitioner is a public authority, the Dutch Youth Welfare Organisation petitioning for return of a child under the Convention. Read more...
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Legal Services Bill: Tesco law for Scotland?
Hector MacQueen 02 October 2009 09:10
A busy week for the Scottish legal system: on 1 October 2009 the Scottish Government published its Legal Services (Scotland) Bill, which will open up the market for the provision of legal services, in particular by practising along with non-lawyers, including such as banks and supermarkets (hence Tesco law). Read more...
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Today, 1 October 2009, sees the opening of the new UK Supreme Court, which follows hard on the heels of the publication of the report of the Scottish Civil Courts Review chaired by Lord Justice Clerk Gill on 30 September. Read more...
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Scottish Law Commission appointments
Scott Wortley 28 September 2009 21:57
In the year that has marked the centenary of the first female LLB graduates in Scotland Scots Law News is pleased to note the appointment of the first female Scottish Law Commissioner. Read more...
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Scots Law News on twitter
Scott Wortley 28 September 2009 21:23
If you find it too much of a chore to read the blog posts on Scots Law News and prefer greater brevity, preferably within a limit of 140 characters, then try our (fairly) new Scots Law News twitterfeed at http://twitter.com/ScotsLawNews/ . Read more...
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Review of rights of audience
Scott Wortley 28 September 2009 20:35
Earlier this year in Woodside v HMA [2009] HCJAC 19 Lord Justice Clerk Gill drew attention to some aspects of the professional conduct of solicitor-advocates in Scotland. Read more...
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Lord Advocate's statement on assisted suicide
Hector MacQueen 23 September 2009 12:07
The Director of Public Prosecutions for England and Wales, Keir Starmer QC, issued an Interim Policy for Prosecutors in respect of Cases of Assisted Suicide on 23 September 2009. The Lord Advocate, Elish Angiolini QC, issued a statement in response: Read more...
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On 18 September 2009 Abdelbaset al-Megrahi, the convicted Lockerbie bomber, published on a website material giving the grounds of his unfinished appeals against conviction. Read more...
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Lord Advocate seeks longer sentences
Scott Wortley 11 September 2009 16:03
Only a few weeks after the formal dropping of the crown appeal in the al-Megrahi case the Lord Advocate, Elish Angiolini QC argued before a bench of five judges chaired by the Lord Justice-General Lord Hamilton that the approach to sentencing murderers should be reviewed. Read more...
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Making and taking silk
Scott Wortley 11 September 2009 14:42
On 4th September 2009 the Queen (on recommendation of the First Minister) confirmed the appointment of twelve new Queen's Counsel. Read more...
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Scottish Government legislative programme 2009-10
Hector MacQueen 03 September 2009 12:44
The First Minister announced the Scottish Government's legislative programme for 2009-10 in a speech in the Scottish Parliament on 3 September 2009. Read more...
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A Scottish Government motion that the Justice Secretary's decision to release convicted Lockerbie bomber Abdelbaset al-Megrahi was taken in accordance with the Scottish legal system was defeated in the Scottish Parliament on 2 September 2009, with 73 MSPs in favour of various opposition amendments, 50 government supporters and one abstention. Read more...
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Summer ends now: miscellanea
Hector MacQueen 01 September 2009 14:51
Today is the first day of autumn, and Scots Law News bids the barbecue summer farewell with a few items that came to its attention when not focused on the Megrahi release (to which, no doubt, it will return). Read more...
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Steven Reid was a hotel cleaner, but wanted the day off. There was only one thing to do. Read more...
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The justice department issued a consultation paper in mid August on the controversial subject of high hedges. The subject has been considered previously by the former Scottish Executive in January 2000, and a proposed members bill was suggested in 2002, 2003, and 2006 by Scott Barrie (when he was not occupied in asking for ministerial views on the success of Dunfermline in the TV revival of "It's a Knockout"). Read more...
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Now that Justice Secretary Kenny MacAskill has finished with the al-Megrahi case he can turn to the other issues in his in-tray. Read more...
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UK Supreme Court website: some tweaking needed
Hector MacQueen 27 August 2009 12:44
The UK Supreme Court will begin sitting in October 2009, but already its website is in place.  While this looks to be a great improvement in general on its House of Lords predecessor, our West of Scotland correspondent Ross Anderson has pointed out that it needs some tweaking to get rid of basic errors about the Scottish legal system. Read more...
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Scottish Parliamentary questions to Justice Secretary Kenny MacAskill in a session for which it had been specially recalled on 24 August 2009 failed to shake his basic position on the compassionate release of Abdelbaset Megrahi, the convicted Lockerbie bomber. Read more...
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Inexplicable (?) ignorance in the FBI
Hector MacQueen 24 August 2009 12:04
FBI Director Robert S Mueller III has sent a public letter to Justice Secretary Kenny MacAskill criticising the latter's decision to release Abdelbaset Megrahi, the convicted Lockerbie bomber, on compassionate grounds.  The remarkably emotional - and sadly error-strewn - letter can be read here on the FBI website. Read more...
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Compassion for Megrahi
Hector MacQueen 21 August 2009 07:51
Scottish Justice Secretary Kenny MacAskill announced his decision to release the convicted Lockerbie bomber Abdelbaset Al-Megrahi on compassionate grounds on 20 August 2009.  Megrahi flew home to Tripoli later on the same day. Read more...
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And now for something a little different ...
Hector MacQueen 19 August 2009 12:56
For those longing for an escape from the Will he? Won't he? joys of the Lockerbie affair, a vote of thanks to our Scottish Law Commissioner correspondent George Gretton, who has drawn our attention to the transcript of R v William Chambers [2008] EWCA Crim 2467 and the confession of counsel that he had conducted a Customs prosecution on the basis of a statutory instrument superseded eight years ago. Read more...
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The BBC reports that the High Court has allowed Abdelbaset al-Megrahi to abandon his appeal against conviction for the bombing of PanAm flight 103 over Lockerbie in December 1988.  See also Robert Black's Lockerbie Case blog. Read more...
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Lockerbie: speculation rife, tempers fraying
Hector MacQueen 17 August 2009 17:12
Predictably the furore over the possible release of Abdelbaset al-Megrahi has grown exponentially since the breaking of the news that he was seeking to drop his appeal against conviction for the Lockerbie bombing.  Professor Robert Black gives full details and updates on his excellent Lockerbie blog. Read more...
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Lockerbie: Megrahi to drop appeal
Hector MacQueen 15 August 2009 00:08
Abdelbaset Ali Al-Megrahi's solicitors, Taylor & Kelly, announced on 14 August 2009 that their client wished to drop his as yet undecided appeal against conviction of the bombing of PanAm Flight 103 over Lockerbie in December 1988, which killed 270 people. Read more...
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Wikipedia and hyperlinks in the Court of Session
Hector MacQueen 14 August 2009 23:37
The blog of Jonathan Mitchell QC drew attention to an apparent hyperlink in Lord Woolman's opinion in the personal injuries case of Gordon v Lynch [2009] CSOH 116, published 6 August 2009.  Although not visible on the Scots Law News browser, click on the words "traumatic brain injury" in para 3, and you are through to the Wikipedia entry on "traumatic brain injury", (in here again for the benefit of our readers). Read more...
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QLTR annual report on treasure trove
Hector MacQueen 14 August 2009 23:13
In the light of recent interest in the Queen's Lord Treasurer and Remembrancer in these pages here and here, Scots Law News was delighted to receive the following press release on 14 August 2009. Read more...
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So held an Extra Division of the Court of Session in a decision published on 9 July 2009 on the application of the Animals (Scotland) Act 1987 in a case where the pursuer had been knocked over by the defender's boisterous 25 kg dog Ebony and suffered severe injuries to her knee worth £160,000 in damages if her claim could be sustained. Read more...
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Lyon untamed?
Hector MacQueen 14 August 2009 22:29
Lord Uist's decision of February 2008, noted here in Scots Law News, that decisions of the Lord Lyon on the designations of those to whom arms had been granted were subject to judicial review, was upheld by an Extra Division of the Court of Session on 15 July 2009; but it was also held that, despite the general freedom of persons under Scots law to take whatever name they pleased, Lyon could refuse to give a territorial designation to persons whose arms had been accepted for the Public Register of All Arms and Bearings for Scotland. Read more...
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Holiday-time perusal of the Strathspey and Badenoch Herald (otherwise known as the "Strathy") by Scots Law News revealed another non-success for the Land Reform (Scotland) Act 2003 in striking down barriers to access to land; this time in the popular Highland resort of Aviemore. Read more...
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Glenora's coming home
Hector MacQueen 14 August 2009 19:49
Our Nova Scotia correspondent Mark Macneill has kindly alerted Scots Law News to the Supreme Court of Canada's reversal of the controversial previously noted decision of the Federal Court not to allow the Glenora Distillery to register "Glen Breton" as a trade mark for its whisky products. Read more...
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No jail for Eros, but the Rambler gets a year
Hector MacQueen 16 July 2009 15:39
Police stripogram Stuart Kennedy managed to avoid jail on 16 July 2009 following his earlier conviction for impersonating a policeman, while on the same day Naked Rambler Steve Gough received a sentence of one year for breach of the peace plus four months for contempt of court. Read more...
Another show starring Tommy and Gail Sheridan previewed in the theatre of the High Court of Justiciary in Edinburgh on 13 July 2009, promising entertainment in 2010 exceeding anything likely to be found on this year's Festival Fringe - or next year's. Read more...
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The outbreak of the norovirus affecting some 400 passengers on the cruise ship Marco Polo, and eventually forcing the cruise's abandonment after a few days berthed at Invergordon, Easter Ross (6-9 July 2009), raised some interesting questions about the relevant contractual entitlements, albeit that the ship's owners, Transocean Tours of Bremen, eventually offered passengers a full refund plus some other goodies in compensation. Read more...
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Naked rambling in Perth Sheriff Court
Hector MacQueen 14 July 2009 10:11
Steve Gough the Naked (and this time he was) Rambler pleaded Not Guilty to a charge of breach of the peace when he appeared in Perth Sheriff Court on 2 July 2009 ahead of a trial set down for the 16th.  But there was some verbal rambling during his appearance (this time without, it seems, the benefit of any professional advice). Read more...
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Lockerbie update
Hector MacQueen 14 July 2009 09:49
The long drawn out saga of both the Megrahi appeal and his possible transfer to Libya under an inter-governmental agreement continues, with little sign of a conclusion in sight - indeed with possible conclusions delayed. Read more...
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Sheriff Davidson vindicated
Hector MacQueen 14 July 2009 09:32
Regular readers will recall our February post narrating the decision of Dundee sheriff Richard Davidson to jail for three months a mother who was refusing to comply with his court orders to allow the father of her child access to the child.  Now the Second Division of the Court of Session has upheld the sentence. Read more...
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The Scotsman for 24 June 2009 reported a New Town row about a back garden in Fettes Row that has already been through the Lands Tribunal and looks likely to end up in the Court of Session. Read more...
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Naked Rambler returns to the streets
Hector MacQueen 25 June 2009 14:02
The latest appearance of Steve Gough the Naked Rambler was in Perth Sheriff Court (at last!) on 23 June 2009. Read more...
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Lord Davidson
Hector MacQueen 25 June 2009 08:04
Scots Law News is once again saddened to have to report the loss of a leading figure in Scots law.  Lord Davidson died on 18 June 2009 at the age of 80. Read more...
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Further to our recent note that stripper Stuart Kennedy (better known to our regular readers as "Sergeant Eros") was on trial (again) for impersonating a police officer news came through on 23 June 2009 that Mr Kennedy was convicted in Peterhead sheriff court. Read more...
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Make Mine a Builders
Scott Wortley 22 June 2009 17:04
Between October 2005 and September 2006, Chartered Brands Ltd and Elmwood Design Ltd to invent and sell a brand of tea to be marketed under the name "Make Mine a Builders". Relations broke down and Chartered Brands sued Elmwood alleging that Elmwood had marketed a tea based on the services provided by Chartered Brands. The case was decided by Sheriff Crowe at Edinburgh sheriff court on 15 May 2009 and contains detailed argument on the law of recompense. Read more...
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Scottish Green party leader Patrick Harvie's member's bill, the Offences (Aggravation by Prejudice) (Scotland) Bill (see previously here) passed its final stage in the Scottish Parliament on 3rd June 2009 with all party support. Read more...
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On 18 June 2009 the Convention Rights Proceedings (Amendment) (Scotland) Bill was passed nem con under the Emergency Bill procedure of the Scottish Parliament, the whole process taking less than a day. Read more...
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Scottish legislation's coming home
Hector MacQueen 17 June 2009 21:22
The Interpretation and Legislative Reform (Scotland) Bill, introduced in the Scottish Parliament on 16 June 2009, promises rather more than it seems to deliver.  Read more...
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Calman Commission reports
Hector MacQueen 17 June 2009 21:12
The Commission on Scottish Devolution set up by the Unionist parties in the Scottish Parliament and chaired by Sir Kenneth Calman published its final report on 15 June 2009. Read more...
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Perth Sheriff Court continues to lead in the field of criminal jurisprudence, with a declaration on 11 June 2009 that the behaviour of car drivers who “tailgate” other drivers is “unconscionable … some might even say wicked”. Read more...
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Home Reports boosting the housing market?
Hector MacQueen 17 June 2009 19:11
The Royal Institution of Chartered Surveyors thinks that the newly introduced home reports (seller’s surveys) are tempting house buyers back into the market, the BBC reported on 31 May 2009. Read more...
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The full-scale judicial review of the Damages (Asbestos-related Conditions) (Scotland) Act 2009 began before Lord Emslie on 26 May 2009.  Read more...
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Lockerbie bombing appeal: to be or not to be?
Hector MacQueen 17 June 2009 18:26
After three weeks of legal arguments in the latest stage of Abdelbasset Ali al-Megrahi’s appeal against his conviction in the Lockerbie bombing case, a five-judge Court of Criminal Appeal retired to consider its decision on 20 May 2009. Read more...
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Another Sergeant Eros trial got under way in Peterhead Sheriff Court on 19 May 2009. Read more...
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Gael force checks RBS
Hector MacQueen 17 June 2009 18:17
The Royal Bank of Scotland rescinded a decision not to accept cheques drawn in the Gaelic language following protests from Western Islanders and their nationalist MSP during April and May 2009. Read more...
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Judicial review of pleural plaques Bill
Hector MacQueen 16 May 2009 17:46
The first stage of the insurers’ attempt to strike down the Damages (Asbestos-related Conditions) (Scotland) Act 2009 by way of judicial review ended in failure on 27 April 2009. Read more...
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The Auditor General for Scotland, Robert Black, reported to the Scottish Parliament’s Public Audit Committee on 22 April 2009 that the accounts of the Queen’s and Lord Treasurer’s Remembrancer were “a total shambles”. Read more...
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The first “right to roam” case to reach the Court of Session was decided on 22 April 2009, and the court ruled against the access claimed.  Read more...
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Naked rambling update
Hector MacQueen 16 May 2009 17:30
Naked rambling correspondent Bernard Boase has sent in two items relating to Steve Gough and the comparative law of naked rambling respectively. Read more...
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The Scottish Law Commission published its long-awaited Report on the Law of Succession on 14 April 2009. Read more...
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A draft statutory instrument was laid before both the Westminster and Scottish Parliaments on 11 March 2009 as the first step towards the reversal of the House of Lords decision in the prisoners’ slopping-out case, Somerville v Scottish Ministers 2008 SC (HL) 45, that there is no time-bar limiting human rights claims under the Scotland Act 1998 (unlike the Human Rights Act 1998). Read more...
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Neil MacCormick's memorial service
Hector MacQueen 19 April 2009 20:56
Neil MacCormick was laid to rest on Friday 17 April 2009, and a memorial service was held the same day at Greyfriars Kirk in Edinburgh.  An anonymous contributor has written this description of events. Read more...
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Neil MacCormick
Hector MacQueen 07 April 2009 08:13
Scots Law News is sad to report the death of Sir Neil MacCormick, formerly Regius Professor of Public Law and the Law of Nature and Nations in the University of Edinburgh, on 5 April 2009. Read more...
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First women LLBs centenary
Hector MacQueen 04 April 2009 14:52
2 April 2009 was the 100th anniversary of the graduation of the first women in Scotland to take an LLB. Read more...
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Edinburgh online student journals
Hector MacQueen 04 April 2009 14:41
Congratulations first to the student editors of the on-line Edinburgh Student Law Review,  who launched the first issue of their new product at the beginning of April 2009. Read more...
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Servitudes of parking: Scots and English law
Hector MacQueen 03 April 2009 19:59
The Scottish House of Lords decision about the right to park your car on other people’s land, Moncrieff v Jamieson 2008 SC (HL) 1, has been discussed and distinguished by the Court of Appeal in Waterman v Boyle [2009] EWCA (Civ) 115, summarised in The Times for 30 March 2009. Read more...
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Law Commissioner on move - to Juridical Review
Hector MacQueen 03 April 2009 19:15
Professor Joe Thomson has intimated his resignation as a Scottish Law Commissioner with effect from the end of April 2009, while also taking up the vacant editorship of the Juridical Review. Read more...
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David Mundell MP’s Scottish Banknotes (Acceptability in United Kingdom) Bill  (see previously here)  had its Second Reading on 6 March 2009 but the debate was “talked out” without conclusion and is due to be resumed on 24 April. Read more...
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Lord Malcolm made a significant contribution to understanding of how time bar rules under the Prescription and Limitation (Scotland) Act 1973 operate in claims based upon allegations of historical physical and sexual abuse at residential schools in two decisions issued on 5 and 12 March 2009. Read more...
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Captain Calamity v Shetland Islands Council
Hector MacQueen 03 April 2009 12:29
The Shetland News reported on 12 March 2009 the renewed prospect of a court debate about the status of Scots law in the islands at the instigation of Stuart Hill, aka Captain Calamity. Read more...
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Pleural plaques Bill passes
Hector MacQueen 03 April 2009 12:20
The Damages (Asbestos-related Conditions) (Scotland) Bill completed its passage through the Scottish Parliament on 11 March 2009.  Read more...
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Death of Sheriff Rosie Morrison
Hector MacQueen 03 April 2009 12:16
Sheriff Rosaleen “Rosie” Morrison, one of the legendary figures of the late twentieth-century Scottish legal system, died on 10 March 2009, aged 77.  Read more...
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