Archive for September, 2009

Sep 30 2009

The Report of the Civil Courts Review

Published by under Scots law

As anticipated, the report was published this morning at this address. It is in two volumes, available as pdf files; Volume 1 is 375 pages and Volume 2 is 323. There is a nine-page synopsis which is quoted below in its entirety. Comment will follow later. Continue Reading »


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Sep 29 2009

Forthcoming conference: Environmental Justice, Human Rights, and Environmental Law

Published by under Events,Scots law

On Monday 2nd November the Centre for the Study of Human Rights Law and the Environmental Law Centre Scotland are co-hosting this conference at the Royal Concert Hall, 2 Sauchiehall Street, Glasgow. I’m speaking on rights to environmental information. The Environmental Information Regulations (there are two sets, UK and Scottish) don’t receive a lot of attention in comparison to the general scheme of the two Freedom of Information Acts, but they have a wider ambit, covering some private-sector organisations and companies who aren’t covered by general FOI legislation, and in some ways give those seeking information a better process than the Acts. Here’s an algorithm of the relationship between the different schemes I did before; Continue Reading »


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Sep 24 2009

Civil Justice Review

Published by under Events,Scots law

Invitations to the publication of the Civil Justice Review have just been issued for Wednesday 30 September at 11am in the Signet Library. I’m told the Review will be published electronically at that time; address unknown but perhaps here.


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Sep 08 2009

Today’s problems in the Sheriff Court

Published by under Scots law

This morning I turned up at Edinburgh Sheriff Court for a five-day hearing in an unjust enrichment action, with senior counsel also on the other side. There had been lengthy discussions as to possible settlement which had gone nowhere and both sides were fully prepared to fight. Aware of the problems this note describes, the solicitors on both sides had independently phoned the court last week to confirm that the case was allocated to a sheriff, who was named, and that court time was available. When we arrived, however, we were told that the sheriff we had been told was to hear the case was not available; nor was any other sheriff; and there was no chance even of one the next day or later in the week. No sheriff, indeed, had ever been available to hear the case; the one the administration had named to both solicitors had never even been told this, and was in fact hearing a part-heard proof in another case. Continue Reading »


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Sep 02 2009

Compassionate release in Scotland: the actual policy and the law

Published by under International law,Scots law

The Scottish Government today released a fair amount of background documentation on the decision to grant compassionate release to Megrahi (better indexed, I think, here on BBC Scotland). There are still a number of documents which for one reason or another haven’t been published, such as the representations made by the US government, for which the US Embassy refused permission.

The full text of Scottish Government policy on compassionate release has not however, I think, been made public. Thanks to a correspondent who sent me a copy of this, it is now published on this site. Continue Reading »


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