Monthly Archives: December 2008

First Calman Commission Report

The Commission on Scottish Devolution chaired by Sir Kenneth Calman issued its first report on 2 December 2008, ruling out full fiscal devolution as incompatible with remaining in the United Kingdom.     The conclusion is not altogether startling, given the origins … Continue reading

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Scottish Human Rights Commission launches

The Scottish Human Rights Commission launched at the beginning of December 2008, with Professor Alan Miller as its first chair. The other members of the Commission are Professor Kay Hampton, Ms Shelagh McCall and Mr John McNeill.  The Commission’s first … Continue reading

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Seller’s survey introduced

The long, but perhaps not eagerly, awaited system of seller's survey (or Home Reports) was introduced on 1 December 2008 against the background of a stagnant housing market, falling prices and Cassandra or Private Frazer-like wailings from housing market professionals. … Continue reading

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Do fifty, get one month less

Sheriff Richard Davidson of Dundee, who has come previously to the notice of Scots Law News (see here and here) rewarded the recidivism of a serial shoplifter on 26 November 2008 with a 25% discount on his jail sentence.  John Barrie … Continue reading

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Error in the substantials: contracting not?

Following September’s revival of the postal acceptance rule, another favourite of law students studying contract, the invalidating effect of error, leapt into life as well in November 2008. It all began with a BBC News report on 5 November about … Continue reading

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Drumlanrig Da Vinci Madonna case update

The trial of five men charged with conspiring to extort money from the Duke of Buccleuch for the safe return of his stolen Leonardo da Vinci painting will start on 30 March 2009, it was decided on 17 November 2008.  … Continue reading

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A little water for your whisky, sir?

The Daily Record for 15 November 2008 reports that a whisky firm is claiming £184 million from Moray Council because a flood prevention scheme will harm its spring water supply. The claim is being made by Gordon & MacPhail, owners … Continue reading

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Law Society of Scotland education consultation goes on

The Law Society of Scotland published its latest consultation on solicitors’ education and training, entitled The Way Forward, on 14 November 2008. The consultative process has been going on for a while and, at least at first blush, the proposals … Continue reading

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Pleural plaques law contrary to human rights?

The Daily Telegraph for 9 November 2008 reported that insurers plan to challenge the consistency of the Damages (Asbestos-related Conditions) (Scotland) Bill with the European Convention on Human Rights. It appears that the Association of British Insurers will argue that … Continue reading

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BEBO is a public place, at least for posing with a sword

A man seen posing with a sword on BEBO, the social networking internet site, pled guilty at Kilmarnock Sheriff Court on 7 November 2008 to possession of a sword in a public place. Anthony Bowman (19) was convicted of a … Continue reading

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