Category: Court Procedures & Hearings

The Role of the Edinburgh Agent in a Post-Pandemic world

I have been reflecting on the decision of Lady Wise in HAJ -v- NJ & Others published last month. Read more

Children (Scotland) Bill: Secs 8 & 13 Child Welfare Reporters & Curators

In this, our sixth post on the Children (Scotland) Bill, Susan Oswald looks at two sections of the Bill- those that relate to child welfare reporters and curators ad litem. Read more

Children (Scotland) Bill: Sec 20 Enforcement Powers for Orders From Outwith Scotland

What do you do if you have an English, or Northern Irish, court order and your child ends up in Scotland? Whilst many people know that there are three distinct legal… Read more

Remote Notarisation- getting divorce moving again

The Law Society of Scotland have published new Guidance today which will allow affidavits and simplified divorce applications to be notarised remotely. Read more

The Secret To Great Advocacy- Coronavirus Special

What is the secret of great advocacy? In the early days of my career in the law I used to sit in the public gallery at Dumfries Sheriff Court and watch… Read more

Dial in for Justice- hearings by phone

I fear I broke a number of rules about what not to wear at court recently when I was involved in my first teleconference hearing at the Court of Session. Read more

Remotely Illuminating- Getting to the truth over Zoom?

Can you tell if someone is telling the truth by Zoom?   As my recent blogging history reveals I’m currently vexed by the question of whether family cases requiring evidence from witnesses… Read more

Getting the courts moving again

The decision of the Scottish Courts and Tribunal Service (SCTS) to postpone all non-urgent hearings due to the Coronavirus pandemic came as a major blow to parties who had been… Read more

Busy doing nothing?

As the courts slowly begin to grind back into gear using new technology, and in a spirit of contrarianism, I’d like to put in a word for the virtues of… Read more

Access to Justice- English style

The Courts and Tribunals Judiciary Service in England and Wales have just published the 4th Edition of The Remote Access Family Court, by Mr Justice MacDonald. Read more

Who cares if the courts are shut?

Why should anyone be bothered if the civil courts are shut?  It’s only a few unreasonable people who benefit from them anyway, right?  Wrong. Read more

The Coronavirus (Scotland) Act and Access to Justice

It has often been observed that some of the most significant scientific and social breakthroughs - from radar and the internet to women’s suffrage - have been birthed through the… Read more

Can Skype give you 'your day in court'?

I’ve been musing again on the importance of both substantive justice and procedural justice (bear with me). Read more

Cohabitation cases and the impact of coronavirus

Self-isolation is something that most of us will be struggling with, even if you are lucky enough to be living in a close, loving family unit. Read more

COVID-19 and urgent applications to the Court

I sent an urgent application for adoption with supporting documentation to the Court of Session on Thursday- I really wasn't sure what was going to happen, especially when the Guidance… Read more