The first casualty of the gender recognition regime is freedom of speech, writes barrister Naomi Cunningham. Section 29(2)(d) of the Scotland Act 1998 provides that an Act of the Scottish Parliament...

The first casualty of the gender recognition regime is freedom of speech, writes barrister Naomi Cunningham. Section 29(2)(d) of the Scotland Act 1998 provides that an Act of the Scottish Parliament...

Julian Assange should not be extradited from Britain to face espionage charges in the US, a Council of Europe commissioner has told Home Secretary Priti Patel. A court ruled last year that Mr Assange...

Proposed reforms that would give the Scottish government more powers over the courts have been described as “constitutionally inept” by the Lord Justice Clerk, Lady Dorrian. Underscoring the import...

The Gender Recognition Reform (Scotland) Bill does not solve existing tensions (which remain unresolved in the courts) between the Gender Recognition Act 2004 (GRA) and the Equality Act 2010 (“the...

Scotland's juryless trials pilot has been criticised by retired judges south of the border. Lady Hale, formerly president of the Supreme Court, and Wendy Joseph, a former Old Bailey judge, said...

Dr Alessandra Asteriti gives her opinion on a UN expert's advice to a Holyrood committee on the Gender Recognition Reform (Scotland) Bill. On 13 December 2022, Victor Madrigal-Borloz, the UN Indepe...

As one of Scotland’s busiest trial counsel, Thomas Leonard Ross QC is well-known for passionately fighting for justice – in the courtroom and out of it. Most recently he has been a vocal opponent of...

Dr Alessandra Asteriti gives her opinion on a UN expert's advice to a Holyrood committee on the Gender Recognition Reform (Scotland) Bill. On 13 December 2022, Victor Madrigal-Borloz, the UN Indepe...

A fresh legal case on the definition of 'woman' is being brought against the Scottish government on the basis it has failed to comply with an order of the Court of Session made in an earlier case....

Barrister Robin White, of Old Square Chambers, responds to a recent article on the Equality Act. I read with interest the article Equality Act and sex – important Scottish cases on the horizon by Dr...

A group of 29 individuals and organisations have written to the UN Special Rapporteur on violence against women, Reem Alsalem, to welcome her intervention on the Scottish government’s Gender Recogn...

Tony Lenehan KC points out that the purpose of juryless trials, despite protestations to the contrary, is to raise the conviction rate in rape cases. Readers of SLN are likely tired of articles from...

Scottish Legal News is sad to report on the sudden death of popular and much respected advocate Niall McCluskey at the age of 53. Mr McCluskey obtained his LLB and diploma from the University of...

In her piece on media coverage of the Scottish government’s proposed gender-recognition reform  (1 February 2023), Gwyneth King criticises those who have pointed out that women’s organisations which...

Attention has recently focused on policy and practice concerning accommodation of transgender prisoners in Scotland.  However, the role of Article 3 of the European Convention on Human Rights (ECHR)...

Sheriffs have warned of a danger to judges who preside over juryless trials as their verdicts would come under public scrutiny. In a submission to MSPs commenting on a proposed pilot that would see...

The Faculty of Advocates has in general welcomed the introduction of the Regulation of Legal Services (Scotland) Bill, much of which recognises and preserves the independence of the legal profession,...

Former Dean of Faculty and Advocate General of Scotland, Lord Keen of Elie KC, has suggested that UK ministers should block Scotland's Gender Recognition Reform Bill. The Conservative peer urged the...

The story behind the campaign seeking a pardon for those convicted of witchcraft will be told at an event in Edinburgh next month. Claire Mitchell QC and Zoe Venditozzi will discuss their campaign...

The juryless trials pilot would not take place until late 2028, Justice Secretary Angela Constance has said. Ms Constance said she would listen to the concerns of the legal profession and MSPs about...

The Scottish government has been sharply criticised over a "lack of engagement" with solicitors as the criminal justice system teeters on the brink of collapse. The Scottish Solicitors Bar Associat...

When Russia invaded Ukraine, there was an outpouring of sympathy from many for the nation under attack. A lawyer who decided action was needed and quickly used his professional experience to provide...

Holyrood Secondary School have been hailed as winners of the Crown Office and Procurator Fiscal Service (COPFS) national schools public speaking competition held at Parliament House. Mairin Campbel...

The week ahead sees the battle between the Scottish and UK governments over the Gender Recognition Reform (Scotland) Bill (GRR) move into court as Scottish ministers seek to overturn the Section 35...

Roddy Dunlop KC, Dean of the Faculty of Advocates, has become embroiled in a new Twitter spat – prompting SNP parliamentarian John Nicolson to call for him to desist from commenting on party politics...

The recent arrest of former First Minister Nicola Sturgeon predictably provoked widespread discussion of the Contempt of Court Act – as it applies in Scotland, writes Thomas Ross KC. It came as a...

The City of Edinburgh Council's licensing scheme for short-term lets operators is unlawful, a judge in the Outer House of the Court of Session has ruled.

Glasgow criminal defence firm Scullion LAW has announced the promotion of solicitor advocate Urfan Dar to senior associate. The move comes alongside the growing firm's recruitment of Anna MacKay as...

Dozens of solicitors gathered outside Holyrood yesterday to demonstrate their deep dissatisfaction with the Scottish government’s inaction to reform legal aid.Ken Dalling, president of the Law...