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SPICe briefings Date published: 25 September 2025

Digital assets in Scots law - Civil procedure

Digital Assets in Scots Private Law: Innovating for the Future. 29 Edinburgh Law Review, 2, 175-210. doi: https://www.euppublishing.com/doi/full/10.3366/elr.2025.0955 (open access) In addition, there are significant obstacles to service of an action in digital assets court cases, as it is not generally possible in Scots law to serve against persons unknown (Lord Advocate v Scotsman Publications Ltd 1989 SC (HL) 122).1Yüksel Ripley, B., MacPherson , A., & Carey, L. (2025).
SPICe briefings Date published: 8 March 2023

Trusts and Succession (Scotland) Bill - The existing law

For private trusts only, where there are no trustees left, and the trust deed does not prevent it, the truster can also appoint new trustees.1Glentannar v Scottish Industrial Musical Association Ltd 1925 SC 226. (1925).
Committee reports Date published: 10 January 2022

Judged on progress: The need for urgent delivery on Scottish justice sector reforms - Legislative changes

Even in the circumstances where an assessment shows that a young person’s needs would be better met in secure care, a sheriff or judge would have no option but to use a young offender’s institution[1] Part V of the Criminal Procedure (Scotland) Act 1995.
Last updated: 10 June 2024

Explanatory Notes Children (Scotland) Bill

The existing options of seeking a variation of an order or seeking to hold someone in contempt of court remain if someone breaches an order. 2 Johnston v Johnston 1996 SLT 499 see also Gribben v Gribben 1976 SLT 266 SP Bill 52–EN Session 5 (2019) Appeals under Children’s Hearings (Scotland) Act 2011 74.
Committee reports Date published: 14 October 2020

Defamation and Malicious Publication (Scotland) Bill: Stage 1 Report - Serious harm threshold

It was brought in on the back of various cases—including Jameel v Wall Street Journal Europe Sprl and Thornton v Telegraph Media Group Ltd—and arose from a sense that unmeritorious or frivolous claims were being brought forward; hence the need for a higher threshold.
Last updated: 17 October 2024

PE1876_GG

Our letter to the Chief Constable (which we are attaching) seeks clarity on those points. 1 Scottish Police Authority Board Meeting, 26 September 2024, https://www.youtube.com/watch?v=m3gkQk90Re8 Our petition had one of the highest numbers of signatures of any petition considered by the Parliament.
Last updated: 23 September 2024

CabSecRALRI_SLCAppointments_19 September 2024

‘The factors taken into account by the Commissioner may include: (i) the seniority of the appointments (for example, the chairs of public bodies) (ii) the level of public expenditure for which the public body is responsible (iii) the nature of the public body and its role and responsibilities (iv) the level of public interest in the functions of the public body (v) recent performance of the relevant directorates relating to public appointments (vi) the nature of any assessment activity delegated by the panel, and to whom that activity is delegated (vii) the extent to which the current composition of the board is reflective of society and (viii) concerns reported to the Commissioner either prior to or during the course of an appointment round.”
Last updated: 30 March 2023

PE1941_I

T he Council’s Management Rules for all Cemetery and Burial Grounds also advises that: (Section 7 (v)): A Lair Holder shall be entitled to have a monument erected.
Last updated: 19 December 2022

PE1975_C

One of the first recorded cases of what we would now call SLAPPs was in the USA in 1802 in the case of Harris v Huntington. Harris was a powerful justice of the peace in Vermont, who sought to bring a case of libel against five ordinary citizens for petitioning the state against his reappointment.
Last updated: 31 March 2023

UKSI The Plant Health and Phytosanitary Conditions (Oak Processionary Moth and Plant Pests) (Amendment) Regulations 2023

Using powers contained in the PHR to substitute an incorrect table with correct tolerances to Annex V, part F for seed potatoes to the retained EU law Commission Implementing Regulation (EU) 2019/2072 (“the Phytosanitary Conditions Regulation”).

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