Monthly Archives: December 2009

Late contenders for the most entertaining judgment of 2009

Sir David Edward, QC delivered the opinion of the court in the Extra Division decision in Multi-Link Leisure Developments Ltd v North lanarkshire Council on 30th December 2009, and made a late bid for the coveted award of Scots Law News's most … Continue reading

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Sentencing in murder cases

We earlier noted the appeal by the Lord Advocate relating to the punishment tariff in murder cases. Judgment in the 5 judge decision was issued in late November 2009 in HMA v Boyle, Maddock, and Kelly [2009] HCJAC 89. In … Continue reading

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First Scottish cases in Supreme Court

The first Scottish cases to reach the Supreme Court of the United Kingdom were argued before a bench comprising Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Brown of Eaton-Under-Heywood, and Lord Kerr of Tonaghmore … Continue reading

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Scottish Law Commission joint reports

An important part of the work of the Scottish Law Commission involves close co-operation with the Law Commission in England and Wales. The Commissions have recently published joint reports on consumer insurance and Consumer Insurance Law: Pre-contract Disclosure and Misrepresentation (Scot Law … Continue reading

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Double jeopardy again

The Scottish Law Commission Report on Double Jeopardy (part of the criminal law programme taken on by the SLC following the reference from the Scottish government after the World's End murder trial – on which see here) was published in … Continue reading

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Unincorporated associations

On 26 November 2009 the Scottish Law Commission published its report on Unincorporated Associations (Scot Law Com no 217). Under the current law clubs have no separate legal personality, meaning that all members of a club become potentially liable in … Continue reading

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Lord Hope of Craighead KT and judging in the Supreme Court

On 29th November Buckingham Palace announced the appointment of Lord Hope of Craighead, Deputy president of the Supreme Court of the United Kingdom, to be a Knight of the Most Ancient and Most Noble Order of the Thistle. The Order of … Continue reading

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Arbitration (Scotland) Bill passed

The Arbitration (Scotland) Bill was passed by the Scottish parliament on 18th November 2009. On passage of the Bill the Enterprise Minister Jim Mather said, "The Bill gives Scotland a modern arbitration regime which captures the best of modern international … Continue reading

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The Ure Elder Fund for Indigent Widow Ladies

Since the Scottish Parliament started business in 1999 it has passed ten private Acts. The Parliament has a special private bill procedure. As each private bill is introduced to further the private interests of the bill's promoter objections are permissible … Continue reading

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