Monthly Archives: July 2010

Lord Lyon on feudal earls, the derbhfine and baronies

The Lord Lyon, David Sellar, has been busy of late, issuing guidance notes on the use of the derbhfine or "family conventions" in determining clan chiefdoms and on baronial additaments and territorial designations in the grant of arms, as well as … Continue reading

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Stair on Facebook

Scots Law News has discovered that the Stair Society was preceded onto Facebook by its late eponym, James Dalrymple Viscount Stair, the "Father of Modern Scots Law", who has had his own page since early November 2009. Stair, speaking through … Continue reading

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Passing off Nessie?

A dispute between two rival Nessie exhibition centres based in Drumnadrochit entered the doors of Inverness Sheriff Court on 29 June 2010 but was resolved by agreement rather than judgment the following day. The pursuers were the Official Loch Ness … Continue reading

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Connected lender liability in Parliament House

The First Division of the Court of Session tackled the tricky issue of connected lender liability under section 75 of the Consumer Credit Act 1974 in Durkin v DSG Retail Ltd and HFC Bank Ltd [2010] CSIH 49 and decided … Continue reading

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Stushie over Salduz in the Supreme Court

As forecast here at the beginning of the year, the implications for Scots law of the European Court of Human Rights decision in Salduz v Turkey (Application No. 36391/02, 27 November 2008) that the presence of a lawyer at police interviews … Continue reading

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Tesco law: where are we now?

Since our last posting on this vexed topic, there has been a further confusing whirl of extraordinary general meetings, referendums, votes and searches for compromise in the solicitors’ profession, but the real action now lies in the debates in the Scottish … Continue reading

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Lockerbie: SCCRC documentation will not be released

The Herald for 15 June 2010 carried a story that none of the Crown Office, the Foreign Office, the police and Abdelbaset al Megrahi have (as yet) consented to the public release of the documents that led the Scottish Criminal Cases … Continue reading

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No legionary’s shield (needed) for Scots law?

Elspeth Reid has kindly drawn our attention to the Dundee Sheriff Court case of Esposito v Barile, a judgement issued on 8 June 2010, in which Sheriff George Way dipped into the characterisation of Scottish legal history as well as the … Continue reading

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Disputes not resolved as Arbitration (Scotland) Act comes into force

The Arbitration (Scotland) Act 2010 came into force on 7 June 2010.  While generally welcomed in the legal media, a modicum of controversy was sparked by a dissenting voice from within Edinburgh law firm Tods Murray. An article on the … Continue reading

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Senators training week: lessons from Canada

The Senators of the College of Justice took a week out of court business at the beginning of June 2010 to undergo their first training week under the auspices of the Judicial Studies Committee. Your correspondent had the rather terrifying … Continue reading

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