Monthly Archives: February 2009

Hamilton v RBS too complex to be small claim

Sheriff Simon Pender of Oban ruled on 26 February 2009 that Ian Hamilton's action against the Royal Bank of Scotland is too complex for small claims procedure in the sheriff court, and as a result Mr Hamilton has decided to abandon … Continue reading

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A Scottish contract code?

The Scottish Law Commission is consulting stakeholders on whether in its forthcoming Eighth Programme of Law Reform it should consider the possibility of a draft contract code based on the Draft Common Frame of Reference (DCFR). The suggested context for … Continue reading

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European Private Law News

Scots Law News would like to draw its readers' attention to its blogosphere stablemate European Private Law News, which began operations on 19 February 2009. The new blog is contributed by Eric Clive, Laura Macgregor, Ashley Theunissen and Hector MacQueen … Continue reading

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Are landlords liable for killings committed by their tenants?

The background to Mitchell v Glasgow City Council [2009] UKHL 11 is particularly tragic.  The late James Dow Mitchell was attacked with a stick or iron bar on 31st July 2001 and died as a result of his injuries on 10th … Continue reading

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Don’t send for a Scots lawyer

Scots Law News has oft repeated a solution to problems – when in trouble send for a Scots lawyer (see here, here, here and here).  However, we should stress that this is not always the solution to ills. The former … Continue reading

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Speeds in our time

On February 10th the retired Bishop of Brechin the right reverend Neville Chamberlain was convicted by Edinburgh justice of the peace court of speeding at 40 mph in a 30 mph area.  He was fined £90 and his 3 penalty points saw … Continue reading

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Asking small children to kick police officers is wrong

Last week we noted that swearing at police officers is not necessarily a criminal offence.  Days later it was reported that asking a small child to kick a police officer will be punished. Mr Thomas Brown was detained on suspicion of … Continue reading

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Tommy Sheridan updates

The preliminary hearing in the perjury trial of Tommy Sheridan (see here) has been delayed.  By joint application of the crown and the defence the case has been delayed until 11th May of this year. In the trial Mr Sheridan … Continue reading

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Small claim against RBS in Oban

The small claims action brought by Ian Hamilton QC against the Royal Bank of Scotland in Oban Sheriff Court (see previously here) began on 18 February 2009. As anticipated here, RBS is arguing that the case is too complex for … Continue reading

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Stefan Cross update – communication from action 4 equality

Email below received on 12 February 2009 from Mark Irvine commenting on our 2 January 2009 story about the Scottish clients of English solicitor Stefan Cross.  Looks like no love lost between Unison and Action 4 Equality.  Scots Law News … Continue reading

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