Scotland – Current Awareness

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.’

UKSC Blog, 25th February 2021

Source: ukscblog.com

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

Posted January 18th, 2021 in appeals, bereavement, Criminal Cases Review Commission, explosives, families, miscarriage of justice, news, Scotland, terrorism by sally

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

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.’

The Guardian, 8th October 2020

Source: www.theguardian.com

Changes to gender recognition laws ruled out – BBC News

Posted September 23rd, 2020 in bills, birth certificates, equality, Equality and Human Rights Commission, gender, government departments, news, Scotland, transgender persons by sally

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

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.’

UKSC Blog, 1st September 2020

Source: ukscblog.com

Family Law Newsletter – Spire Barristers

Posted July 30th, 2020 in chambers articles, divorce, family courts, jurisdiction, news, remote hearings, Scotland, surrogacy by sally

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

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.’

UK Constitutional Law Associations, 30th July 2020

Source: ukconstitutionallaw.org

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

Posted July 10th, 2020 in appeals, chambers articles, courts, divorce, families, jurisdiction, news, Scotland, Supreme Court by sally

‘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.’

Parklane Plowden Chambers, 1st July 2020

Source: www.parklaneplowden.co.uk

Villiers v Villiers – Blackstone Chambers

Posted July 10th, 2020 in appeals, chambers articles, divorce, EC law, families, financial provision, jurisdiction, news, Scotland by sally

‘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.’

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

Posted July 7th, 2020 in families, human rights, judicial review, news, Scotland, supervision orders, Supreme Court by sally

‘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.’

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.’

Law Society's Gazette, 1st July 2020

Source: www.lawgazette.co.uk

New Judgment: The Advocate General representing the Commissioners of HMRC v KE Entertainments Ltd (Scotland) [2020] UKSC 28 – UKSC Blog

Posted June 25th, 2020 in fees, gambling, news, Scotland, Supreme Court, time limits, VAT by sally

‘The Appellant (“the taxpayer”) operates bingo clubs. Customers pay a fee, which entitles them to play in a number of bingo games (collectively, a “session”). The present dispute arises from a change in guidance given by HMRC about how participation fees should be calculated. Until 2007, the guidance stated that bingo promoters should calculate the participation fees separately for each game. In February 2007, HMRC issued Business Brief 07/07, which stated that participation fees should be calculated on a session by session basis.’

UKSC Blog, 24th June 2020

Source: ukscblog.com

One Kingdom but four nations emerging from lockdown at four different rates under four different laws – UK Police Law Blog

Posted June 2nd, 2020 in coronavirus, news, Northern Ireland, regulations, Scotland, Wales by sally

‘Laws which criminalise what would otherwise be normal daily life and which the police must enforce must be clear, unambiguous, fair and fairly applied, logical and proportionate to the public health imperative. The purpose of this blog post is to illustrate the difficulties with the amended legislation, the inconsistencies between the laws of the four nations of the UK, as well as the problems of enforcement by the police. Whatever the problems with the legislation, whatever the high profile breaches, people must socially distance and must wear masks when unable to do so. The coronavirus is not going away soon, or perhaps ever. It may be joined by other novel viruses and human life may have to change.’

UK Police Law Blog, 2nd June 2020

Source: ukpolicelawblog.com

Solicitor sanctioned after calling client “sad and pathetic” – Legal Futures

Posted February 18th, 2020 in complaints, disciplinary procedures, news, Scotland, solicitors by sally

‘A solicitor who sent “inappropriate, derogatory and offensive emails” to a client and his mother has been censured by the Scottish Solicitors Discipline Tribunal (SSDT).’

Legal Futures, 18th February 2020

Source: www.legalfutures.co.uk

A legal duty to tackle inequality: Scotland first, Wales next, England when? – Cloisters

Posted January 28th, 2020 in equality, news, Scotland, statutory duty, Wales by sally

‘This month a public consultation is underway in Wales looking at implementing a duty on public bodies to consider the effect of policies on socio-economic inequality.’

Cloisters, 23rd January 2020

Source: www.cloisters.com

ALI V BARBOSA [2019] EWHC 2776 (Fam)– Void or Voidable. Maintaining the discretion of the family court and the importance of the circumstances of the case – Becket Chambers

Posted December 13th, 2019 in divorce, families, family courts, news, Scotland, statutory interpretation by sally

‘In October 2019, Mrs Justice Lieven DBE considered an application by a husband that the wife’s divorce proceedings, and the decree absolute, should be set aside for breaches in relation to service of the proceedings.’

Becket Chambers, 6th December 2019

Source: becket-chambers.co.uk

A ‘fair hearing’ in the family court includes the judge creating the appropriate atmosphere – 5SAH

Posted December 13th, 2019 in appeals, care orders, children, family courts, human rights, news, Scotland, statutory interpretation by sally

‘Within the U.K. there are two judicial systems: the law of England and Wales and the law of Scotland; which differ slightly. The Human Rights Act 1998 came into force on the 2nd October 2000 to incorporate the European Convention on Human Rights and Fundamental Freedoms 1950 (‘the Convention’) into the law of England & Wales. At the same time that the Human Rights Act 1998 was passing through parliament the Scotland Act 1998 was also making its’ way through parliament. Under the Scotland Act 1998, in May 1999, the U.K. devolved legislative and executive power to Scotland. The primary function of the Scotland Act 1998 was to set up a system of devolved government for Scotland, but it also included important provisions relating to the protection of the rights guaranteed by the Convention (‘Convention rights’).’

5SAH, 10th December 2019

Source: www.5sah.co.uk

English judges deciding Scottish divorce cases is “recipe for chaos”, Supreme Court hears – Daily Telegraph

Posted December 10th, 2019 in choice of forum, divorce, financial provision, news, Scotland by sally

‘English judges deciding Scottish divorce cases is a “recipe for chaos”, the Supreme Court has heard in a landmark case between an aristocrat and his estranged wife.’

Daily Telegraph, 9th December 2019

Source: www.telegraph.co.uk

“All for one and one for all” when it comes to severing an adjudicator’s decision – Practical Law: Construction Blog

Posted November 20th, 2019 in construction industry, contracts, dispute resolution, enforcement, news, Scotland by sally

‘Round one was an adjudication enforcement application before Lord Doherty in the Scottish courts. The contractor (Dickie & Moore) had succeeded in an adjudication and, when the adjudicator’s decision went unpaid, issued court proceedings to get its money.’

Practical Law: Construction Blog, 19th November 2019

Source: constructionblog.practicallaw.com

Court asked to consider if PM’s Brexit delay tactic is lawful – BBC News

Posted October 21st, 2019 in appeals, brexit, constitutional law, delay, news, parliament, Scotland by sally

‘Scotland’s highest court is to consider whether Prime Minister Boris Johnson has fully complied with a law requiring him to ask for a Brexit delay.’

BBC News, 21st October 2019

Source: www.bbc.co.uk

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