UK Supreme Court Dabbles in Scots Human Rights ?
3rd June 2011
Marisa Gillick, Volunteer Law Student at Renfrewshire Law Centre, writes about the role of the UK Supreme Court in Scottish criminal cases.
Following their recent success in the elections to the Scottish Parliament, the Scottish Nationalist Party (SNP) are set to challenge the Supreme Court of the United Kingdom over its intervention in Scots law regarding Human Rights issues.
The situation intensified following a ruling by the Supreme Court that the conviction of Nat Fraser, who is currently serving a life sentence for allegedly arranging the murder of his wife, Arlene, in 1998 was unsafe.
The SNP’s contention regards ...
Super-Injunctions: What You Need to Know
31st May 2011
David Young, Volunteer Law Student at Renfrewshire Law Centre, writes about super-injunctions.
What is a super-injunction?
A super-injunction is a form of court order available in England and Wales (but not in Scotland, where the equivalent to an injunction is an interdict, although so far there is no 'super interdict'). It is a two-tiered 'gagging order' and more rigorous than a normal injunction. An injunction prevents newspapers from printing allegations about a public figure or an organisation. A super-injunction goes a step further and stops them from reporting on the existance of the injunction itself.
How did super-injunctions come about ...
New Legal Aid Thresholds Announced
31st March 2011
The Scottish Legal Aid Board (SLAB) has announced new thresholds for Advice & Assistance (A&A) and Civil Legal Aid (CivLA), which will take effect from 11 April 2011.
Legal Aid is a form of government welfare benefit available to eligible persons who cannot afford to pay for private legal services.
A&A covers meetings with your solicitor, correspondence, telephone calls etc, and representation in some tribunals (ABWOR). Eligibility for A&A is assessed with reference to household financial circumstances, i.e. if you live with a partner, then your partner's income and savings are taken into account.
From 11 ...
Slum Landlords Beware of New Housing Law
18th March 2011
The Scottish Parliament has now passed the Private Rented Housing (Scotland) Act 2011, which aims to improve the standard of private rented housing in Scotland.
Councils should have enhanced powers to take measures against bad or unlawful practices and to improve both landlords' and their tenants’ awareness of their rights and responsibilities.
Delinquent landlords face a fine of up to £50,000 as well as a ban on letting homes of up to five years. The use of premiums, already unlawful in terms of existing legislation, should also receive attention under the new regime.
Benefits Reforms Summary under Conservative/Liberal Coalition Government, 2010 onwards
8th March 2011
Click this link for a table summarising benefits reforms introduced under the Conservative/Liberal Coalition Government of 2010 onwards.
New Law to Help Injury Victims & Families
7th March 2011
The Scottish Parliament has passed a new Damages Bill, which will reform the law of negligence with the aim of improving rights to compensation on the part of victims and their families in claims in respect of injury or death, including those caused by workplace accidents and industrial diseases.
The new law follows recommendations by the Scottish Law Commission, and was introduced by Bill Butler MSP. Changes to the existing law include:—
- A deceased person’s claim for the pain and suffering they endured before death may transmit to their executor.
- There will be an assumption that 75% of a ...
Online Consumer Rights, Law Society Advises
6th January 2011
Law Society of Scotland’s Advice to Consumers on Online Shopping Rights
From Scottish Legal News E-Bulletin
The Law Society of Scotland has advised consumers to be aware of their rights when it comes to returning any unwanted or faulty gifts which have been purchased online.
The Law Society said that while there are greater protections in place for consumers who make online purchases than consumers who purchase goods in a face-to-face shop transaction, there can, in certain circumstances, be a lack of certainty about just what these are.
Frank Johnstone, a ...
Scotland Welcomes McKenzie Friends
6th January 2011
New rules on the use of so-called 'McKenzie Friends' in Scotland's sheriff courts came into force on 1 January 2011 to the welcome of such organisations as Consumer Focus Scotland following lengthy campaigning for reform of the country’s civil justice system.
Essentially, a McKenzie Friend is a non-legally qualified individual whom a party to a court case may bring to court with him/her to assist in the conduct of litigation. The name comes from an English divorce case, McKenzie —v— McKenzie. The idea is that if a party may bring a friendly, knowledgeable helper to court, then ...
Scottish Mortgage Lenders All Wrong
26th November 2010
In its early years the UK Supreme Court appears keen to forge a reputation for itself as an audacious and independent powerhouse of jurisprudence. Not even a month after its judgment in Cadder ―v― HMA sent shockwaves through the landscape of Scots criminal law, now on 24 November, it has pronounced judgment in the case of Royal Bank of Scotland plc ―v― Wilson, with like consequences in the Scots civil law of mortgage repossessions.
The central question for the court related to the form of procedure adopted by a bank in court action for repossession of a mortgage customer’s ...
New Bankruptcy Law Helps Debtors & Home Owners
2nd November 2010
The Office of the Accountant in Bankruptcy has announced certain changes to the law of bankruptcy, which shall take effect on 15 November 2010 in line with the Home Owner and Debtor Protection (Scotland) Act 2010 (in respect of which which Renfrewshire Law Centre took part in the parliamentary consultation). The changes are as follows:—
- New Debtor Application Pack
- New route into Bankruptcy by Certificate for Sequestration
- Exclusion of family home in Protected Trust Deeds
- Extended shrieval powers in respect of family home in bankruptcy
- Abolition of certain requirements to advertise in Edinburgh Gazette
Certificate for Sequestration
The new Certificate ...