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Scottish Government publishes timetable for transition to independence
The Scottish Government has today published a document, confirming the SNP’s intention that Scotland would become independent by March 2016 in the event of a Yes vote in the 2014 referendum. The...
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A-courting we will go
My colleague Charles Livingstone last week wrote about the Scottish Government’s proposals for the transition to independence. One feature of those proposals has been intriguing me ever since. The...
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Human rights – how much are they worth? Perhaps more than we thought…
A few months ago, Kirsty blogged about a relatively rare example of a court granting damages to a business for breach of its human rights. The court said there that in many cases involving a breach of...
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Awards for unjustified enrichment
On 17 July, the Supreme Court issued a judgement which gives an interesting insight into the assessment of unjustified enrichment. I won’t go into the background of the case except to say that it is...
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Scottish Independence: the Law Society of Scotland’s view (or not)
Today’s dose of ‘referendum news’ has focused on the Law Society of Scotland’s paper on “Scotland’s Constitutional Future”. The Society takes no formal view on the issue of independence, and so the...
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South Lanarkshire Council unsuccessful in FOI pay scales appeal
In a unanimous decision, the Supreme Court has ordered South Lanarkshire Council to release information on its pay scales under the Freedom of Information (Scotland) Act 2002 (“FOISA”). You can read...
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Some important ‘what ifs’ of Scottish independence – the view from Parliament(s)
The UK and Scottish Parliaments have been busy on Scottish independence matters recently. The House of Commons Scottish Affairs Committee has today published a report on an independent Scotland’s...
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Scottish Independence: Prisoners lose challenge to referendum vote ban
Regular readers will recall our previous post on the attempt by three prisoners to overturn the ban imposed by the Scottish Independence Referendum (Franchise) Act 2013 on prisoners voting in next...
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Scottish Government makes ’emergency’ changes to disclosure laws
Yesterday, the Scottish Government debated the (catchily-titled) Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2015, which came into force today. Aimed at...
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Merger clearance can apply to assets purchased from an insolvent business
Just before Christmas, the Supreme Court handed down its judgment finally ending the saga over Groupe Eurotunnel’s purchase of various assets of the liquidated SeaFrance. Reversing the Court of Appeal,...
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Holiday pay: no appeal for British Gas – what now?
If you’re thinking that this holiday pay saga has been dragging on for years, you’re right. If you’re hoping we’re now at the end of the road, and everything is clear, prepare to be disappointed....
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Supreme Court makes landmark divorce decision on pensions
This week the Supreme Court made a landmark decision with a significant bearing on the treatment of pensions in divorce cases in Scotland. Reversing the decision of the Appeal Court in Scotland, the...
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Another blow for Shape trademarks- London Cabs not distinctive?
While UK and EU trade mark law and legislation does allow shape marks to be registered and there are good examples of this – the shape of the Coca Cola bottle is one – it is nonetheless still...
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Supreme Court refuses to hear UK government appeal against Article 50...
Judges at the Court of Justice of the European Union (CJEU) will hear arguments next week on whether EU law would permit the UK to unilaterally revoke its notice to leave the EU under Article 50 of...
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UK Supreme Court rules parts of Scottish Brexit Bill to be outside...
The UK Supreme Court gave its judgment on Thursday last week, in the first ever challenge by UK law officers to the competence of a Scottish Parliament Bill. A panel of seven Supreme Court justices...
View ArticleScottish Independence: the Law Society of Scotland’s view (or not)
Today’s dose of ‘referendum news’ has focused on the Law Society of Scotland’s paper on “Scotland’s Constitutional Future”. The Society takes no formal view on the issue of independence, and so the...
View ArticleThe nobile officium: plugging the holes in Scotland’s law
I was reminded of Louis Sachars’ modern classic Holes in the last few weeks. Set in the Texan desert, the protagonist and his fellow inmates are made to dig a hole every day – five-feet wide and...
View ArticleScottish Government publishes timetable for transition to independence
The Scottish Government has today published a document, confirming the SNP’s intention that Scotland would become independent by March 2016 in the event of a Yes vote in the 2014 referendum. The...
View ArticleA-courting we will go
My colleague Charles Livingstone last week wrote about the Scottish Government’s proposals for the transition to independence. One feature of those proposals has been intriguing me ever since. The...
View ArticleHuman rights – how much are they worth? Perhaps more than we thought…
A few months ago, Kirsty blogged about a relatively rare example of a court granting damages to a business for breach of its human rights. The court said there that in many cases involving a breach of...
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