Monthly Archives: December 2008

A twentieth anniversary

On 21 December 2008 it was twenty years since PanAm Flight 103 from London to New York fell to earth at Lockerbie, killing 259 passengers and crew as well as 11 people on the ground. Scots Law News has chosen … Continue reading

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The new snakes and ladders: RAE 2008 and the Scottish law schools

Academic lawyers in Scotland have a new party game this Christmas as they try to work out law school research league tables from the results of the Research Assessment Exercise, published on 18 December 2008. The exercise, under which each … Continue reading

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Two to tango but this wasn’t Strictly the situation here …

The West Lothian Courier for 18 December 2008 reports a decision of Linlithgow Sheriff Court clearing two accused of brothel-keeping because where the services of only one prostitute were available there was no brothel.  The two accused were a man … Continue reading

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Naked Rambler update

Stephen Gough, the Naked Rambler, managed to get his by now usual Christmas in jail thanks to a 12-month sentence for breach of the peace handed down in Glasgow Sheriff Court on 17 December 2008.  The conviction was the result … Continue reading

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Pension overpayments, unjustified enrichment and change of position?

Some long-standing unjustified enrichment amongst public sector pensioners including members of the judiciary came to light on 15 December 2008.   The Government admitted following questions raised by LibDem MP Vince Cable during the Queen’s Speech debate that about 5% of … Continue reading

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Review of final appellate jurisdiction

The Scottish Government has appointed Professor Neil Walker of the Edinburgh Law School to undertake a review of final appellate jurisdiction in Scotland, it was announced on 15 December 2008.  . Professor Walker has been asked to report back by … Continue reading

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Eversheds setting up in Scotland

Legalweek.com reported on 11 December 2008 that London law firm Eversheds is set to open an office in Edinburgh in 2009. The report adds that the firm is in the process of leasing office space and seeking regulatory clearance from … Continue reading

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Cautionary tale of English serial litigant in Scotland

Ewing v Times Newspapers Ltd [2008] CSOH 169, a decision of Lord Brodie issued on 11 December 2008, is worthy of note, not only as a case about an English party litigant somewhat at sea with Scots law and procedure, … Continue reading

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Takeover of HBOS survives competition challenge

Acting under Scots law and jurisdiction, the Competition Appeal Tribunal ruled on 10 December 2008 that the Government’s decision not to refer the takeover of HBOS by Lloyds TSB was a lawful one.  The takeover was rushed through after the … Continue reading

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Exercising time bar discretion in childhood abuse claims

Despite a seemingly contrary decision of the House of Lords, the soon-to-retire Lord McEwan has exercised the discretion conferred by the Prescription and Limitation (Scotland) Act 1973 to allow a woman to continue to sue her alleged abuser as a … Continue reading

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