Category: Scotland
A New English (Leasehold) Reformation? – Tanfield Chambers
‘Last time this column discussed the changes introduced to leasehold tenure in Scotland. Nicola Muir examined the long-term package of reforms designed to bring about the demise of the feudal and leasehold system north of the border. To recap, Scotland is about to implement the changes introduced by the Long Leases (Scotland) Act 2012, which follows the imposition in 1974 of a 20 year limit on the term of any new residential lease and the abolition of the feudal system of property ownership in 2004. In 2000 a limit of 175 years was imposed on the term of commercial leases. The final stage of reforms under the 2012 Act will convert qualifying leases into ownership. ‘
Tanfield Chambers, 20th March 2015
Source: www.tanfieldchambers.co.uk
Montgomery (Appellant) v Lanarkshire Health Board (Respondent) – Supreme Court
Montgomery (Appellant) v Lanarkshire Health Board (Respondent) [2015] UKSC 11 (YouTube)
Supreme Court, 11th March 2015
Carlyle (Appellant) v Royal Bank of Scotland (Respondent) (Scotland) – Supreme Court
Carlyle (Appellant) v Royal Bank of Scotland (Respondent) (Scotland) [2015] UKSC 13 (YouTube)
Supreme Court, 11th March 2015
The Insurance Act 2015: practical changes for insurers to consider – OUT-LAW.com
‘The 2015 Insurance Act will, subject to an 18-month transition period, introduce what the UK government has described as “the biggest reform to insurance contract law in more than a century”.’
OUT-LAW.com, March 2015
Source: www.out-law.com
Jackson (Appellant) v Murray and another (Respondents) (Scotland) – Supreme Court
Jackson (Appellant) v Murray and another (Respondents) (Scotland) [2015] UKSC 5 (YouTube)
Supreme Court, 18th February 2015
The Supreme Court in the United Kingdom Constitution – Lecture by Lady Hale
The Supreme Court in the United Kingdom Constitution (PDF)
Lecture by Lady Hale
The Bryce Lecture, 5th February 2015
Source: www.supremecourt.uk
Sustainable Shetland (Appellant) v The Scottish Ministers and another (Respondents) (Scotland) – Supreme Court
Supreme Court, 9th February 2015
Ashley and others v Tesco Stores Ltd and others – WLR Daily
Ashley and others v Tesco Stores Ltd and others [2015] WLR (D) 11
‘The applicable time limit for service outside the jurisdiction of a claim form on a Scottish registered company, at its registered office in Scotland, where the claimant sought to serve the claim form under section 1139(1) of the Companies Act 2006 was six months from the date of issue of the claim form, as laid down by CPR r 7.5(2).’
WLR Daily, 15th January 2015
Source: www.iclr.co.uk
Greater Glasgow and Clyde Health Board v Doogan and another – WLR Daily
Greater Glasgow and Clyde Health Board v Doogan and another [2014] UKSC 68; [2014] WLR (D) 550
‘The right of conscientious objection under section 4(1) of the Abortion Act 1967 extended to the whole course of medical treatment which brought about the ending of a pregnancy including the medical and nursing care connected with the process, but only in relation to the actual looking after and treatment of the patient rather than the host of ancillary, administrative and managerial tasks associated with it.’
WLR Daily, 17th December 2014
Source: www.iclr.co.uk
Moohan and another (Appellant) v The Lord Advocate (Respondent) – Supreme Court
Moohan and another (Appellant) v The Lord Advocate (Respondent) [2014] UKSC 67 (YouTube)
Supreme Court, 17th December 2014
Greater Glasgow Health Board (Appellant) v Doogan and another (Respondents) (Scotland) – Supreme Court
Supreme Court, 17th December 2014
Moohan and another v Lord Advocate (Advocate General for Scotland intervening) – WLR Daily
‘The blanket ban on convicted prisoners voting in the Scottish independence referendum did not contravene prisoners’ rights under the Convention for the Protection of Human Rights and Fundamental Freedoms or involve any breach of European Union law.’
WLR Daily, 17th December 2014
Source: www.iclr.co.uk
English laws options ‘due soon’, says Hague – BBC News
‘Options to give English MPs more say over laws affecting England will be set out over the coming weeks, the House of Commons leader William Hague has said.’
BBC News, 2nd November 2014
Source: www.bbc.co.uk
Bedroom Tax: Upper Tribunal on Article 14 – NearlyLegal
‘Following my plaintive cry here, I now have copies of the two Upper Tribunal judgments from Scotland referred to by the DWP. And, while the judgments do do something rather more and rather different to the outcomes suggested in the DWP Circular, sadly, what they actually do is worse.’
NearlyLegal, 6th October 2014
Source: www.nearlylegal.co.uk
Mark Elliott: Scotland has voted “no”. What next for the UK constitution? – UK Constitutional Law Association
‘After a very long — and at times electrifying — campaign, a modest but decisive majority of those who participated in the referendum on Scottish independence have voted “no”. In one sense, this is the end of the process — even if, bearing in mind the main UK parties’ still-to-be-fulfilled promises about further devolution, it is only the beginning of the end. In another sense, however, it might turn out to be only the end of the beginning.’
UK Constitutional Law Association, 19th September 2014
Source: www.ukconstitutionallaw.org/blog
Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) – Supreme Court
Supreme Court, 30th July 2014
David T. Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) – Supreme Court
Supreme Court, 30th July 2014
Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service – WLR Daily
‘On a challenge by an unsuccessful tenderer for a public contract, the question whether the published criteria for the award of the contract had been sufficiently clear was to be determined by the court applying an objective legal standard by reference to a reasonably well informed and diligent tenderer and did not depend on the evidence of witnesses as to how they had understood the document.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
