Category Archives: ECHR
The judicial review of the rent and eviction controls in the Cost of Living (Tenant Protection) (Scotland) Act 2022 – some reflections from a court attendee
With face-to-face teaching at the university finished for the semester and only manageable ad hoc work commitments to contend with, I was lucky enough to be able to clear my diary on Thursday 4 May 2023. This freed me up … Continue reading
Access to land, freedom of expression, and freedom of assembly: the endgame for the #indycamp
The #indycamp at Holyrood is on borrowed time. That much is clear, now that the Court of Session judgment of Lord Turnbull has been published. (See also the BBC News report here.) I think it would be fair to say … Continue reading
Posted in ECHR, Law, Property
Tagged Access, ECHR, freedom of assembly, freedom of expression, indycamp, proportionality
1 Comment
Access to land and access to justice: the #indycamp at the Court of Session (and still at Holyrood, for now)
On 5 May 2016 Lord Turnbull issued his Opinion in the petition of the Scottish Parliamentary Corporate Body against “The Sovereign Indigenous Peoples of Scotland” and a Mr Arthur McManus Gemmell. The petitioner owns the Scottish Parliament’s real estate in Edinburgh. … Continue reading
Posted in Access to Justice, ECHR, Land Reform, Property
Tagged Access, Access to Justice, ECHR, indycamp, Land Reform, Legal Aid, trespass
1 Comment
Is it because we don’t sound Scottish?
This question has been asked, apparently in all seriousness, by a landowner* in a recent Spectator article. A lot could be said about that article. I will restrict myself to one point in this blog, namely taking one straw man … Continue reading
A New Year’s Resolution – Salvesen v Riddell
When a court judgment is released by the Court of Session, it is now given a “neutral citation”. This begins with the year [in square brackets], either “CSOH” or “CSIH” (depending on whether it was the Outer or Inner House), … Continue reading
Land Reform in Review – Aberdeen Symposium
The King once suggested that we might all benefit from a little less conversation and a little more action. As is well known, the King in question was Elvis Presley. What is less well known is that he was talking … Continue reading
Posted in Aberdeen, ECHR, Land Reform, Property
Tagged Community, ECHR, Land Reform, LRRG, Regeneration
1 Comment
Salvesen v Riddell – Remedial Order
In a legal system that draws on precedent, legal commentators can be sucked into writing about a particular case again and again all too easily. In my case, this has happened with the Salvesen v Riddell saga, which I have … Continue reading
Posted in ECHR, Land Reform, Law
Tagged Agricultural Holdings, ECHR, Human Rights, Land Reform
6 Comments
Putting the fans in control
On 23 January the Scottish Green Party put forward plans to give football fans a right to acquire their clubs in certain circumstances. Alison Johnstone (a list MSP for the Lothians) has produced a document entitled “Putting the fans in … Continue reading
Posted in ECHR, Fitba, Land Reform, Property
Tagged Community, Community Right to Buy, ECHR, fitba, Human Rights, Land Reform, public interest, Scots law
2 Comments
Know Your Rights: Human rights for music fans
This blog is about human rights and music. A curious topic for a blog, you may legitimately muse. How might human rights and music collide? One way they might is where songs have been banned or censored, and as such … Continue reading
Land Reform Review Group Interim Report
Four months after the ultimate deadline for responses to the Call for Evidence of the Land Reform Review Group (LRRG), the first tangible output of the LRRG has emerged in the form of an Interim Report published on 20 May 2013. Also … Continue reading
basedrones 