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.’

Full Story

BBC News, 21st October 2019

Source: www.bbc.co.uk

A Tale of Two Judgments: Scottish Court of Session rules prorogation of Parliament unlawful, but High Court of England and Wales begs to differ – UK Human Rights Blog

‘The Scottish Court of Session (Inner House) today ruled that the Prime Minister’s advice to the Queen to prorogue Parliament was unlawful. The High Court of England and Wales today handed down its judgment on the same issue – and came to the opposite conclusion.’

Full Story

UK Human Rights Blog, 11th September 2019

Source: ukhumanrightsblog.com

Brexit: Scottish judges rule Parliament suspension is unlawful – BBC News

‘Boris Johnson’s suspension of the UK Parliament is unlawful, Scotland’s highest civil court has ruled.’

Full Story

BBC News, 11th September 2019

Source: www.bbc.co.uk

Brexit: Judge rejects parliament shutdown legal challenge – BBC News

‘A Scottish judge has rejected a bid to have Boris Johnson’s plan to shut down parliament ahead of Brexit declared illegal.’

Full Story

BBC News, 4th September 2019

Source: www.bbc.co.uk

Article: The legal challenge to proroguing Parliament – what is happening in the Scottish Courts? – UKSC Blog

‘In this article, UKSC Blog editor, Emma Boffey, an associate at CMS based in Scotland, writes on the Scottish legal challenge to the proroguing of the UK Parliament: a case widely expected to head to the UK Supreme Court in the coming weeks.’

Full Story

UKSC Blog, 2nd September 2019

Source: ukscblog.com

Shelter crowd funds legal action over alleged failure by council to offer homeless people temporary accommodation – Local Government Lawyer

Posted August 22nd, 2019 in homelessness, housing, judicial review, local government, news, Scotland by sally

‘Housing charity Shelter Scotland is seeking to crowdfund legal action over what it says is Glasgow City Council’s unlawful failure to offer homeless people temporary accommodation.’

Full Story

Local Government Lawyer, 21st August 2019

Source: www.localgovernmentlawyer.co.uk

Enforcing the registration of marriages – lessons from Scotland – Law & Religion UK

Posted August 14th, 2019 in marriage, news, registrars, Scotland by michael

‘An understandable degree of disquiet has been generated by the mistaken suggestion that couples who do not register their completed marriage document within seven days of the wedding will be subject to a significant fine. This has been widely reported and follows from an update of the meeting between the Church of England and Church in Wales, and the General Register Office (GRO). The information provided to this meeting appears to be based upon a misunderstanding or a misinterpretation of the intentions of the provisions within the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019.’

Full Story

Law & Religion UK, 14th August 2019

Source: www.lawandreligionuk.com

‘That’s legal tender, pal’: bill aims to force shops to take Scottish notes – The Guardian

Posted April 15th, 2019 in coinage, news, Scotland by michael

‘Lib Dem MP lodges bill in same week Judy Murray has Scottish note rejected in London cafe.’

Full Story

The Guardian, 12th April 2019

Source: www.theguardian.com

Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50? – UK Constitutional Law Association

Posted December 10th, 2018 in brexit, constitutional law, EC law, news, notification, referendums, Scotland, treaties by sally

‘Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A formal process would be needed to notify the European Council of the UK’s intention to revoke article 50. Such notice of revocation would have to be unequivocal and unconditional (para 74), and, importantly, ‘in accordance with the constitutional requirements of the Member State’, in this case, the UK, and following a ‘democratic process’ (para 66). It would also have to take place before the end of the Article 50 negotiation period, or any agreed extension, and before a Withdrawal Agreement between the exiting state and the EU had been ‘concluded’ – i.e. entered into force (para 73). In addition, the AG’s opinion was that any revocation would have to be in ‘good faith’ and in line with the requirement of ‘sincere cooperation’ between the Member State and the EU and. Further, although not required, it would be reasonable for the Member State to provide its reasons for revoking the Article 50 notification.’

Full Story

UK Constitutional Law Association, December 2018

Source: ukconstitutionallaw.org

Brexit: UK can unilaterally revoke article 50, says ECJ – The Guardian

‘The UK can unilaterally stop the Brexit process, the European court of justice has said in a ruling that will boost demands for a second EU referendum.’

Full Story

The Guardian, 10th December 2018

Source: www.theguardian.com

Relationships as seen in the eyes of the law – Family Law

‘Relationships have been in the news in 2018. Not only did we see two Royal weddings, but at the opposite end of the romance spectrum, in June the UK Supreme Court ruled that it was discriminatory not to allow opposite-sex couples to form civil partnerships. Dianne Millen, an associate at Morton Fraser in Edinburgh, looks at relationships as seen in the eyes of the law.’

Full Story

Family Law, 13th November 2018

Source: www.familylaw.co.uk

Robert Brett Taylor and Adelyn L. M. Wilson: Seeking and Implementing a Referral on Revocability of Article 50 Following Wightman – UK Constitutional Law Association

Posted October 1st, 2018 in brexit, EC law, judicial review, news, referendums, Scotland, treaties by sally

‘The UK is due to leave the EU on 29 March 2019. The British Government’s draft withdrawal agreement – the so-called Chequers Deal or Plan – has been subject to critique on both sides of the Brexit debate within the UK and was largely dismissed as unworkable by EU leaders on 20 September 2018. The following day, Theresa May declared that the burden was then on the EU to devise a plan for Brexit.’

Full Story

UK Constitutional Law Association, 26th September 2018

Source: ukconstitutionallaw.org

Man pleads guilty to attempted murder of six children in hit-and-run – The Guardian

Posted August 30th, 2018 in attempted murder, attempts, murder, news, Scotland by sally

‘A man has admitted trying to kill six children in a hit-and-run that left one teenage girl with a broken neck.’

Full Story

The Guardian, 28th August 2018

Source: www.theguardian.com

Scottish independence as a protected philosophical belief? McEleny – Law and Religion UK

Posted August 7th, 2018 in equality, news, political opinion discrimination, Scotland by sally

‘The Herald reports that an employment tribunal has ruled that belief in an independent Scotland is a philosophical belief similar to a religion and is protected under equality legislation.’

Full Story

Law and Religion UK, 7th August 2018

Source: www.lawandreligionuk.com

Villiers – a cross border conundrum – Family Law Week

Posted June 21st, 2018 in appeals, divorce, financial provision, jurisdiction, news, Scotland by tracey

‘Lucia Clark, Partner (dual-qualified in English and Scottish family law) and Alex Critchley, Solicitor, both of Morton Fraser LLP consider the implications of the recent Court of Appeal judgment in Villiers v Villiers.’

Full Story

Family Law Week, 18th June 2018

Source: www.familylawweek.co.uk

Juror jailed for taking bribe during £7m cocaine dealing trial – Daily Telegraph

Posted April 20th, 2018 in bribery, juries, news, Scotland, sentencing by sally

‘A juror has been jailed for six years after accepting a bribe during a £7 million cocaine dealing trial, which saw the defendants walk free.’

Full Story

Daily Telegraph, 19th April 2018

Source: www.telegraph.co.uk

Villiers v Villiers: An Update – Family Law Week

Posted March 23rd, 2018 in choice of forum, divorce, financial provision, jurisdiction, news, Scotland by tracey

‘Michal Horton and Alex Laing, both of Coram Chambers, report on the latest developments in a case that has attracted widespread attention in the press.’

Full Story

Family Law Week, 22nd March 2018

Source: www.familylawweek.co.uk

Borrower’s solicitor not liable for bank’s loss because it should have realised her error – Legal Futures

Posted March 1st, 2018 in appeals, banking, mistake, negligence, news, Scotland, solicitors, Supreme Court by sally

‘A bank that relied on inaccurate information supplied by its borrower’s solicitor should not have won a negligence claim against her, because it failed to carry out its own checks, the Supreme Court has ruled.’

Full Story

Legal Futures, 1st March 2018

Source: www.legalfutures.co.uk

Supreme Court backs Chevron over use of new evidence in appeal over HSE prohibition notice – OUT-LAW.com

Posted February 9th, 2018 in evidence, health & safety, news, offshore installations, Scotland, Supreme Court by tracey

‘Tribunals are entitled to take into account additional evidence that was not available to the health and safety inspector when considering an appeal against a prohibition notice, the UK’s highest court has confirmed.’

Full Story

OUT-LAW.com, 8th February 2018

Source: www.out-law.com

Non-custodial sentencing falls sharply in England and Wales – The Guardian

‘Use of non-custodial sentences in England and Wales has fallen sharply but risen significantly in Scotland, according to a report highlighting their effectiveness in preventing re-offending. The comparative study by the Centre for Justice Innovation reveals that over the past decade there has been a 24% decrease in the number of community sentences imposed in England and Wales compared with an 18% increase in Scotland.’

Full Story

The Guardian, 3rd November 2017

Source: www.theguardian.com