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Too much, too soon: advance rent in private residential tenancies

Introduction

There is something of the ‘gift that goes on giving’ in respect of the Private Housing (Tenancies) (Scotland) Act 2016. The more one looks into that statute, which constituted a massive paradigm shift in the way Scottish private rented tenancies operate presumably intended to stand for years if not…

Published by School of Law, University of Aberdeen

Splitting the roles of Lord Advocate and Solicitor General into prosecutor and minister respectively

It is a long-standing but nevertheless unsatisfactory feature of Scots law that the Lord Advocate performs two quite incompatible roles. On the one hand, the Lord Advocate is the Head of the Scots state prosecution service, the Crown Office and Procurator Fiscal Service (COPFS) and yet he or she is…

Published by School of Law, University of Aberdeen

The Scottish Jury System in 2020

The Scottish Government’s summary of mock jury research stakeholder events together with SLN’s Year in review round-up prompted a reconsideration of a number of this year’s prominent legal issues in relation to jury trials. In particular, drivers underpinning the idea that the current jury system may not…

Published by School of Law, University of Aberdeen

S274/275: A Double-Edged Shield

Lord Glennie’s opinion in the recent ‘CH’ appeal ([2020] HCJAC 43) highlights a conflict of judicial thinking, and legal opinion in general, with respect to the Scottish rape shield. Could it be that the real issue is a fundamental lack of trust in the ability of a jury to reach…

Published by School of Law, University of Aberdeen

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