Scottish law firm can be sued for negligence in England – Legal Futures

‘A Scottish law firm, which has no offices south of the border, has failed in a jurisdiction challenge to halt a negligence claim over advice a solicitor gave over a Cornish wind farm project.’

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Legal Futures, 4th March 2022

Source: www.legalfutures.co.uk

New Judgment: Craig (AP) v Her Majesty’s Advocate (for the Government of the United States of America) and another (Scotland) [2022] UKSC 6 – UKSC Blog

Posted February 25th, 2022 in appeals, extradition, fraud, human rights, news, Scotland, sentencing, Supreme Court by sally

‘The appellant is a British citizen living in Scotland. In May 2017, the US Government made a request for his extradition to the US, where he is accused of committing an offence relating to securities fraud.’

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UKSC Blog, 24th February 2022

Source: ukscblog.com

Vicarious liability for sexual abuse again: Hugh Kennedy – Law & Religion UK

Posted December 16th, 2021 in clergy, news, Scotland, sexual offences, teachers, trusts, vicarious liability by sally

‘In Hugh Kennedy against (First) The Right Reverend Paul Bonnici, (Second) The Right Reverend James Warren Cuthbert Madden and (Third) Denis Alexander [2021] ScotCS CSOH 106, the pursuer brought an action for personal injury as a consequence of alleged sexual and physical abuse which, he averred, he had suffered while he was a boarder in the mid-1970s at Fort Augustus Boarding School. The school, which was run by a Benedictine community, had closed nearly 30 years ago, the trust associated with the community’s Abbey had been wound up some ten years ago and the then trustees may have been discharged. The trustees at the material time were all dead. The pursuer averred that, nevertheless, the then trustees had held indemnity insurance in respect of his claim and he sued the two surviving trustees for the purposes of meeting his claim from the trust estate comprised of the (presumed) right of indemnity under that insurance [1]. He claimed that the third defender, Denis Alexander, a monk and teacher at the school, had been his principal abuser and that he had also been abused by two lay teachers, both now dead [2]. In July 2021, Alexander had been convicted inter alia of lewd and libidinous conduct against the pursuer [4] and sentenced to four years and five months imprisonment.’

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Law & Religion UK, 14th December 2021

Source: lawandreligionuk.com

New Judgment: Anwar v The Advocate General for Scotland (representing the Secretary of State for Business, Energy and Industrial Strategy) (Scotland) [2021] UKSC 44 – UKSC Blog

‘The Supreme Court unanimously dismissed this appeal concerning the petition for judicial review against the Department for Business, Energy and Industrial Strategy for failure to provide effective interim protection for successful workplace discrimination and harassment claims, in breach of EU law.’

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UKSC Blog, 13th October 2021

Source: ukscblog.com

Supreme Court upholds challenge to two Holyrood bills – BBC News

Posted October 7th, 2021 in bills, devolution issues, news, parliament, Scotland, Supreme Court by sally

‘Judges at the Supreme Court have ruled that provisions in two bills passed by MSPs were beyond Holyrood’s powers.’

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BBC News, 7th October 2021

Source: www.bbc.co.uk

Revealed: Queen vetted 67 laws before Scottish parliament could pass them – The Guardian

Posted July 29th, 2021 in bills, news, royal family, royal prerogative, Scotland by sally

‘The Scottish government has given the Queen advanced access to at least 67 parliamentary bills deemed to affect her public powers, private property or personal interests under an arcane custom inherited from Westminster.’

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The Guardian, 28th July 2021

Source: www.theguardian.com

‘English votes for English laws’ to be scrapped in government bid to revive the Union – The Independent

Posted July 9th, 2021 in bills, devolution, news, parliament, Scotland by michael

‘The law designed to prevent Scottish MPs from voting down legislation affecting England only will be axed, in a new government bid to revive the Union.’

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The Independent, 8th July 2021

Source: www.independent.co.uk

Supreme Court to hear UK challenge to two Holyrood bills – BBC News

‘The Scottish and UK governments are to face off at the Supreme Court over whether two bills passed by MSPs are within Holyrood’s powers.’

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BBC News, 28th June 2021

Source: www.bbc.co.uk

Case Comment: Burnett or Grant v International Insurance Company of Hanover Limited [2021] UKSC 12 – UKSC Blog

‘In this post, Harriet Munro and Rowena Williams, members of the insurance disputes team at CMS, discuss the decision of the UK Supreme Court in the matter Burnett or Grant v International Insurance Company of Hanover Limited [2021] UKSC 12, which concerns the application of a ‘deliberate acts’ exclusion in insurance policies.’

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UKSC Blog, 21st May 2021

Source: ukscblog.com

Case Preview: Balhousie Holdings Ltd v Commissioners for Her Majesty’s Revenue & Customs (Scotland) – UKSC Blog

Posted February 25th, 2021 in care homes, leases, news, sale of land, Scotland, Supreme Court, VAT by sally

‘In this post, Jacob Gilkes, a member of the tax team at CMS, previews the decision awaited from the UK Supreme Court in the matter of Balhousie Holdings Limited v The Commissioners for Her Majesty’s Revenue & Customs, which concerns whether a sale and leaseback transaction should be regarded for VAT purposes as a disposal by the seller of its “entire interest” in the building.’

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UKSC Blog, 25th February 2021

Source: ukscblog.com

Judges reject Lockerbie bomber’s appeal against conviction – BBC News

‘Scottish judges have rejected a third appeal on behalf of the Libyan man convicted of the Lockerbie bombing.’

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BBC News, 16th January 2021

Source: www.bbc.co.uk

Understanding the fight over trans rights part 1 – The Guardian

Posted October 9th, 2020 in birth certificates, equality, gender, news, podcasts, Scotland, transgender persons by sally

‘Stephen Whittle has been at the heart of trans activism for half a century. He discusses the legal and political progress that has been made over the past few decades while the Guardian’s Scotland correspondent Libby Brooks examines why there was a backlash over the 2015 Gender Recognition Act, which proposed a further expansion of trans rights.’

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The Guardian, 8th October 2020

Source: www.theguardian.com

Changes to gender recognition laws ruled out – BBC News

‘Ministers have ruled out changes to make it easier for transgender people in England and Wales to have their gender legally recognised.’

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BBC News, 22nd September 2020

Source: www.bbc.co.uk

Case Comment: Sutherland v Her Majesty’s Advocate (Scotland) [2020] UKSC 32 – UKSC Blog

Posted September 3rd, 2020 in evidence, human rights, internet, news, privacy, Scotland, sexual offences, Supreme Court by sally

‘In this post, Joanna Clark and Emma Ainsley of CMS discuss the judgment handed down by the UK Supreme Court on 15 July 2020 in a referral from the High Court of Justiciary, the Scottish criminal appeal court, in the matter of Sutherland v Her Majesty’s Advocate [2020] UKSC 32 concerning the admissibility of evidence obtained by so-called “paedophile hunter” groups in criminal trials.’

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UKSC Blog, 1st September 2020

Source: ukscblog.com

Family Law Newsletter – Spire Barristers

‘Issue #35 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton.’

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Spire Barristers, 22nd July 2020

Source: spirebarristers.co.uk

Christopher McCorkindale, Aileen McHarg and Tom Mullen: The Continuity Bill is Dead; Long Live the Continuity Bill – Regulatory Alignment and Divergence in Scotland Post-Brexit – UK Constitutional Law Association

Posted July 30th, 2020 in bills, brexit, devolution, EC law, news, Scotland by sally

‘Readers of this blog will be aware of the dispute between the Scottish and UK Governments over who should legislate in areas hitherto covered by EU law after Brexit (or more accurately after the end of the post-withdrawal Implementation Period). That dispute saw the Scottish Parliament enact its own Continuity Bill intended as an alternative to the European Union (Withdrawal) Act 2018 (EUWA). That Bill – the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill (the “first Continuity Bill”) (discussed here and here) – was subsequently referred to the Supreme Court and held to be outwith devolved competence so far as it conflicted with the EUWA (discussed here). Although some provisions of the Bill survived the Supreme Court reference, the Scottish Government decided not to proceed with Bill, but undertook to bring back the remaining provisions on a future occasion.’

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UK Constitutional Law Associations, 30th July 2020

Source: ukconstitutionallaw.org

Supreme Court hands down judgment in Villiers v Villiers – Parklane Plowden Chambers

‘Charles and Emma Villiers married in 1994. They moved to Scotland the following year and lived there throughout their married life. The couple separated in 2012, when the wife and the parties’ daughter left the former matrimonial home and moved to England, where the wife continues to reside. Mrs Villiers issued a divorce petition in July 2013 on the basis of her habitual residence for 12 months preceding the presentation of the petition.’

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Parklane Plowden Chambers, 1st July 2020

Source: www.parklaneplowden.co.uk

Villiers v Villiers – Blackstone Chambers

‘This appeal concerned the jurisdiction of an English court to make a maintenance order in favour of the wife (“W”) pursuant to s.27 of the Matrimonial Causes Act 1973 (“MCA”) in circumstances where the parties lived for most of their marriage in Scotland and the divorce proceedings issued by the husband (“H”) were conducted in Scotland.’

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Blackstone Chambers, 1st July 2020

Source: www.blackstonechambers.com

Supreme Court holds children’s hearings system is compatible with article 8 – UK Human Rights Blog

‘The Supreme Court recently dismissed two appeals concerning the role and rights of siblings in children’s hearings in Scotland. It held that the provisions of the Children’s Hearings (Scotland) Act 2011 in question were compatible with article 8 of the European Convention on Human Rights.’

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UK Human Rights Blog, 6th July 2020

Source: ukhumanrightsblog.com

Divorce ruling gives ‘untrammelled licence’ to go forum shopping – Law Society’s Gazette

Posted July 2nd, 2020 in choice of forum, divorce, news, Scotland, Supreme Court by tracey

‘A Scottish aristocrat has lost a Supreme Court appeal regarding the finances of his divorce in a ruling that will reignite debate on forum shopping.’

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Law Society's Gazette, 1st July 2020

Source: www.lawgazette.co.uk