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BACKGROUND: Gillespie and MacMillan v Wardrop [2025] CSOH 46, in which BKF successfully represented the Defender, concerned a defamation action brought by James Gillespie and Mark MacMillan (“the Pursuers”) against Alan Wardrop over statements made by him after stepping down as director of St Mirren Football Club (SMFC). The Pursuers alleged that Mr. Wardrop made […]

A Scottish court has considered whether or not a will satisfied the requirements of a consent for the purposes of IVF, which raises some wider considerations. A recent case has considered whether or not wording in a will amounted to giving effective consent by the deceased for the storage and use of his sperm to […]

Extension of Notice Periods and Introduction of Pre-Action Requirements

The Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 Following immediately on from my last blog, the Scottish Government has just published Regulations to set out the notice periods that will apply for the next 6 months (at least) for evictions. These regulations refer to both PRS and Social tenancies and […]

In previous blogs we explained the emergency provisions put in place to limit a Private landlord’s ability to evict tenants during the covid-19 outbreak. These provisions increased the notice periods to be given to tenants and removed the “mandatory” nature of some grounds for possession. These changes applied regardless of the tenancy type. These changes […]

A Canadian case has led to a will being written as it was ‘unfair’ to one child. What would happen in Scotland in that situation? The British Columbia Supreme Court has decided that a father’s will should be varied to reflect his ‘moral obligation’ to his adult daughter when there was an unequal division of […]