The Solicitor - The FindLaw UK Life, Family and Workplace Law Blog

Scotland Law

Scotland has a devolved government within the United Kingdom and a very distinct legal jurisdiction. Sources of law include statutes passed by the Scottish Parliament, located at Holyrood in Edinburgh, and the UK Parliament in Westminster.

The European Convention on Human Rights and European Union law are also binding. Thus, in many areas, such as employment law, Scottish law is almost identical to that in England, Wales, Northern Ireland, and other parts of the EU. However, in other areas, for example divorce and housing, Scottish law is very different.

In addition to the capital Edinburgh, other major legal centres in Scotland include Glasgow, Aberdeen, and Dundee.


Recently in Scotland Category

Scottish Conservatives have urged their counterparts across the EU to challenge the policy of minimum alcohol-pricing to establish whether it is compliant with EU laws on free trade.

The call comes despite the Scottish Conservatives backing the SNP Government's proposals, which could see a minimum 50p per unit price implemented north of the border.

The proposal is due to be put to a final vote on Thursday this week, and is widely tipped to become law.

A Scottish court has for the first time live broadcast the words of a judge passing down a life sentence in a murder case.

The case concerned the murder of 38-year-old Suzanne Pilley, a popular bookkeeper who disappeared on 4 May 2010. She was last seen walking off a bus and popping into a Sainsbury's supermarket on Princes Street in Edinburgh, but she never made it to her desk that day. She has never been seen since and her body has never been recovered.

The accused in the case was David Gilroy, a 49-year-old married Edinburgh man who it is thought conducted an affair will Ms Pilley.

Scottish First Minister Alex Salmond has described alcohol as one of his nation's biggest demons. It is estimated that it takes some 3,000 lives annually in Scotland, and costs the national economy some £3.5bn in hospital costs, reduced productivity and criminality.

Now Scotland is poised to become the first country in Europe to deliver a minimum price for alcohol, in an attempt to lower consumption and reverse these worrying statistics.

The policy was first introduced by the SNP back in 2008. Then they were leaders in a minority government, and the proposal was voted down by the opposition. Today, the SNP are in majority government at Holyrood, and their landslide victory at the polls last May means that they are now in a position to implement the policy for the first time. It is thought the policy could become law by the summer.

UK banks will lend £190 billion to businesses while cutting their own bonuses, the government has announced.

The good news comes as many firms have struggled to raise funds and survive the financial crisis.

£76 billion of lending is to be allocated to the Business Growth Fund, which will be set aside for small or medium-sized UK businesses.

Crime: Can manual labour solve UK re-offender problem?

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A new government-funded scheme, in which low-level offenders will swap tough manual labour for a prison presentence, is being piloted in Scotland.

The move will see offenders taken from the dock, assessed and ordered to work with a community payback team.

Criminals will work under the supervision of community service and social work staff. The team will be responsible for allocating each offender to a community reparation project.

Business law: Growth under threat as UK economy contracts

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Businesses in the UK face the threat of losses and even bankruptcy in 2011 as the latest figures show the economy shrank in the last three months of last year.

Construction slumped 3.3 per cent compared with the third quarter in 2010, while services shrank 0.5 per cent.

The news sent the pound sliding and shares fell in the City.

Defamation: Scotland may change law

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Scottish defamation law is under review after a landmark petition by a Scottish couple has led to a Scottish government consultation paper.

The campaign was led by James and Margaret Watson. They are the bereaved parents whose daughter, Diane, was killed in a playground row at a Glasgow school 20 years ago. It is believed their surviving son, Alan, committed suicide after reading a news story alleging Diane was a bully.

Scottish defamation law differs from the law in England and Wales. Legal expert David Banks, writing for the Guardian, says:

Libyan leader Colonel Gaddafi has warned the family of the Lockerbie bomber will sue the UK prison services over his 'neglect' in a Scottish jail.

Colonel Gaddafi told the news about the proposed civil rights law case to staff and students at the London School of Economics via video link on 2 December.

Abdelbaset al-Megrahi was released from Greenock prison on compassionate grounds in August 2009 after being diagnosed with terminal cancer.

A former store manager at Lidl initiated tribunal action for unfair dismissal this week claiming the supermarket chain unlawfully sacked him after he accidentally hit and damaged a co-worker's vehicle.

Amir Hamza, 24, worked at the company's store on Cartersfield Road, Waltham Abbey for four years. Lidl sacked him in mid-November for gross misconduct after he failed to report the damage.

When confronted about it, Mr Hamza denied he was involved, before finally confessing when he was shown CCTV evidence and witness statements.

"I didn't realise," he said. "I had a CD player on in the car and didn't notice hitting anything. When they told me they had witnesses, I said fair enough and took responsibility."

Stoke City Council exec sacked during sick leave sues for libel

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A senior council executive sacked during cancer therapy launched claims for libel, unfair dismissal, disability discrimination, and sex discrimination against her former employer this week.

Jeanette McGarry earned £123,000-a-year as director of housing environmental and neighbourhood services (HENS) at Stoke-on-Trent City Council.

Shortly after assuming her position in June 2009, however, she was diagnosed with breast cancer. She asked to work part-time while she completed her treatment, but the council refused and instead put her on "gardening leave".

Then, to compound matters, on the day she returned home following surgery she received a dismissal letter. The council's chief executive, John van de Laarschot, also issued a statement questioning her performance and conduct as HNES director.

Primary school teacher sacked over 'naughty schoolgirl' ads

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A Scottish primary school teacher looks set to be struck off the teaching register after she helped set up a website advertising 'naughty schoolgirl' uniforms for adults, reports the Press and Journal.

Linda Ross, 58, of Strangs Ley, Forfar, lost her job as deputy head teacher at Dundee's Longhaugh Primary School in October 2008 after education bosses learned about her involvement with the site -- www.lindaross.co.uk -- run by her husband Vic.

Mr Ross established the website in 2007 to help teachers deal with stress and highlight the abuse they suffer.

He allowed adverts to pop up on the site, however, selling "adult" costumes and underwear. One such ad featured a model wearing a "see-through crop-top and plaid miniskirt with a matching tie and gloves", according to the Scotsman. Other items for sale included a kinky policewoman's outfit, complete with handcuffs.

RSPCA resume inheritance battle over Yorkshire farm

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The four-year battle over the inheritance of a 287-acre parcel of farming land in North Yorkshire moved to the Court of Appeal this week. The land comprises Potto Carr Farm near Northallerton and is valued at £2.35m.

The former owner of the farm, Joyce Gill, died in August 2006, aged 82. Thirteen years before her death, she and husband John Gill -- who died in 1999 -- signed "mirror wills", which stated that if one of them died the farm and all their savings would pass to the other; and upon the death of the last surviving spouse, the farm would go to the RSPCA.

As a consequence of this arrangement, the couple's daughter Dr Christine Gill received nothing.

Dr Gill challenged her mother's will, however, and last autumn Leeds High Court ruled in her favour. The court said her "bullying" and "domineering" father had coerced her mother into changing her will to leave the farm to the RSPCA.

Giddy banker loses severance after boasting about payout on Facebook

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A giddy young banker who was dismissed for gross misconduct after she boasted on Facebook about the size of her severance payout launched a legal challenge for this week.

23-year-old Katie Furlong used to work as a debt officer for Royal Bank of Scotland in Telford in Staffordshire. On September 2, following the bank's takeover by Santander Group, she received a call from her manager informing her that she was being laid off and would receive a severance payment of around £6,000 ($9,500/Ä7,000)

Moments later, at 5.58pm, Ms Furlong posted the following comments on Facebook:

'Guitar Hero ain't no sweet child o'mine', says Axl Rose

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Guns N' Roses frontman Axl Rose has launched a $20m lawsuit against Activision, the makers of the Guitar Hero video games, according to NME.

He claims the company "spun a web of lies and deception" to persuade him to licence the Roses' tune 'Welcome to the Jungle' in Guitar Hero III.

The focus of his ire centres on Activision's alleged breach of a promise to exclude all references to the band's former guitarist Slash and his new band, Velvet Revolver, in the game.

Wilkins sacked because of arguments with Abramovich and Gourlay

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According to a report in the newspaper, Ray Wilkins was sacked by Chelsea because of bust-ups with billionaire owner Roman Abramovich and chief executive Ron Gourlay -- and not, as previously reported in the , because first-team players were 'unconvinced by his ability'.