Questions tagged [scotland]

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Responsibilites of common areas when in breach of title-deeds after sale

The situation: I have bought a flat on the top floor of an apartment block. This flat contains the sole access to a roof space. The previous owner has left a large volume of junk in this space. The ...
3
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1answer
178 views

Could a Scottish court 'block' a parliamentary shutdown?

It has been reported recently that a group of UK parliamentarians have petitioned the Scottish Court of Session, the top civil court in Scotland, to grant an interim interdict and an emergency hearing ...
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2answers
112 views

UK Courts Question: What was the judges final decision that may be cited as precedent in these cases?

Sheriff Court at Kirkcaldy: David Boyack v The Royal Bank of Scotland ( this case was referred to in the "Office of Fair Trading (Respondents) v. Lloyds TSB Bank plc and others (Appellants) and ...
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1answer
117 views

What does it mean that Scotland is a civil law jurisdiction?

I have learnt recently that Scotland is a civil law jurisdiction (when it comes to private law at least), but one that doesn't have a civil code. I have also been taught that the main difference ...
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4answers
2k views

What crime has someone committed if they “kill” someone who is already dead?

Was watching a police drama (a classic "Taggart" episode) where this was a plotline. A wife shot her husband while he was "sleeping", and subsequently confessed to his murder. Yet (this being ...
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1answer
515 views

Should an employee be made to pay for mandatory training in the uk?

I work for an agency in the uk and the zero hour contract staff are charged for yearly mandatory training by the company. Other agencies appear to not ask for payment for the training or take payment ...
3
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1answer
127 views

Heraldic Law and Jurisdiction of armorial assumption

In countries where armigers (persons or corporations bearing a coat of arms) must prove their entitlement to such (eg. most legal traditions within the UK, Canada, and other Commonwealth realms) what ...
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1answer
87 views

Is agreeing in a pre nup to get divorced in Scotland legally binding?

Unfortunately one or both of you decide to divorce and you had agreed on a pre nup that you would get divorced in Scotland because you feel it handles divorce more fairly. At least one of you is ...
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1answer
149 views

Is it possible for appellant to examine the written grounds of judgment by the Sessions Court Judge before deciding whether to file an appeal?

Appellant wants to examine the written grounds of judgment by the Sessions Court Judge before deciding whether to file an appeal. Is it possible? It is stated that the Sessions ct judge did not give ...
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3answers
395 views

How could accusations of defamation themselves be defamatory?

I was reading a helpful document on defamation in Scots law and it includes this: Further, it is important to remember that to accuse someone of making defamatory comments may, of itself, be ...
2
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1answer
81 views

Charges I may face for limerick

I wrote a poem laughing at Recep Tayyip Erdogan as part of a contest for the Spectator magazine. Only when they published the winner I realised someone in Germany is being prosecuted for doing the ...
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1answer
690 views

Can my dog pee on someone's fence?

I live in Scotland and my dog likes to have a wee at 3D objects. Particularly he likes peeing at wooden fences and bushes of my neighbours. Now they're not very nice, they always complain no matter ...
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1answer
50 views

Notice period after tenancy agreement runs out

Hope someone can help me with this. I moved into a private let property in August 2009, when I moved in the tenancy was for 1 year and it required that I give 2 months notice before I could move out. ...
3
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1answer
167 views

Which legislation makes abortion illegal in Scotland?

A recent article in The Scotsman said that— ... thanks to archaic Victorian laws means [abortion] is still technically punishable by jail sentences ... What is the legislation that has this ...
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2answers
4k views

Has a verdict of 'not proven' ever had a different effect to one of 'not guilty'?

In Scotland there are three verdicts available in criminal trials: guilty, not guilty, and not proven. In modern use there is no practical difference between not guilty and not proven: the defendant ...
7
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1answer
210 views

When were the Black Acts passed in Scotland?

In 'The Scottish Legal System' 1, the authors say that The first printing press was introduced into Scotland in 1507, but it was not until 1541 with the printing of the Black Acts that it was ...
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0answers
20 views

Practical equivalent of judicial review permission stage in Scotland

Judicial Review claims in England and Wales require a court's permission to proceed to a full hearing (CPR 54.4). The idea is to prevent claims with no prospect of success from taking up the court's ...
8
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2answers
667 views

Is an English will valid if the testator dies while living in Scotland?

If a testator makes a will while living in England, to what extent will it be valid if the testator— permanently moves to Scotland, and subsequently dies there without making a further will?