Latest news with #ScotsLaw
Scotsman
07-07-2025
- Scotsman
Value of life depends upon side of the Border
Thomas Mitchell on the huge difference between fatal accident damages in Scotland and England Sign up to our Scotsman Money newsletter, covering all you need to know to help manage your money. Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... Even after the Act of Union in 1707, Scotland and England maintained separate and distinct legal traditions. Over the centuries that have passed since, Scots Law and English Law have evolved differently. The mixed legal system of Scotland combines elements of civil law while taking influence from the Roman Empire and Common Law elements. English Law, on the other hand, was historically a Common Law system, developed through years of judicial decisions rather than Statutes. In the modern era, both systems now find the most authoritative law in the form of Statutory Legislation, comprising Acts of the respective Parliaments north and south of the Border. Advertisement Hide Ad Advertisement Hide Ad These stark differences are highly prevalent when it comes to the assessment of damages in fatal accidents awards. In Scotland, under the Damages (Scotland) Act 2011, there are two types of awards; loss of support, based on financial dependency and loss of society, which compensates for the grief and loss of a relationship. A wide group of relatives can claim in Scotland; spouses, siblings, parents, grandparents, civil partners, etc. Focus is very much on the deceased's immediate family and closeness of the relationship to the deceased. There are calls for English law to line up with Scots law when it comes to bereavement damages, says Thomas Mitchell In England, dependency claims take the place of loss of support claims and bereavement damages take the place of loss of society claims. There is a more restricted class of relative who can claim. For example, siblings under English Law cannot bring a bereavement claim. So, what is the value of a life? While no amount of compensation can even hope to properly qualify the loss of a close familial relationship, the sum entitled relatives can claim in England, according to the Fatal Accidents Act 1976, is fixed at £15,120. In Scotland, there is no fixed amount and judicial or jury discretion is the barometer. Awards for parents trend towards the £100,000+ mark, children £80,000+, siblings £20,000+ and grandparents £10,000+. But there is no upper or lower limit, and the focus is very much on the relationship that existed with the deceased. In Scotland, an assessment of damages is done on a case-by-case basis and the approach is tailored to individual circumstances. In England, a rigid, out-of-date statutory regime is applied and the bereavement award is not tailored to individual circumstances. The problem with these polar opposite approaches is that it creates an opportunity for exploitation. An attraction exists for insurance companies and others faced with defending such claims, and the lawyers who represent them to find a way to have English Law applied to fatal accidents which occur in Scotland. An insurer can save thousands on the cost of fatal claims if such an argument succeeds. For the grieving family, it means protracted litigation and uncertainty at a time when they are bereaved and should be supported. Advertisement Hide Ad Advertisement Hide Ad There have been calls for urgent reform. The Association of Personal Injury Lawyers continues to campaign against 'token' bereavement damages in England and Wales, calling for the Scottish Law approach to be mirrored throughout the UK. There surely cannot be any valid reason why a UK bereaved family member is treated so differently depending on locus or residency. This issue is unlikely to go away anytime soon, but with modern family life being more diverse than ever before, perhaps it's time for England to 'get with the times' when it comes to bereavement awards.
Glasgow Times
20-06-2025
- Glasgow Times
Pupils from Glasgow school take part in mock trial
A total of 26 pupils from Woodfarm High School, in Glasgow, and St Andrew's Academy, in Paisley, participated in the immersive session at the University of the West of Scotland (UWS). The session, held in the newly opened moot courtroom within the Paisley campus, was designed to give the youngsters a taste of what it's like to study law at university and practice it in real-world settings. Read more: 'Do not be a hero': Armed robber raids Glasgow pharmacy for methadone and Valium Professor Kasim Sheikh, dean of the School of Business and Creative Industries, commended the pupils' enthusiasm and potential. He said: "It was inspiring to see such insight, courage, and promise from these pupils as they stepped into the courtroom. "Events like this are about more than just learning how the legal system works; they're about helping young people see themselves in professional roles and giving them the confidence to take that next step." During the event, pupils were given roles as prosecutors, defence lawyers, witnesses, and jurors, and brought their arguments to life in UWS's purpose-built courtroom facility. The trial was overseen by a judicial bench of two: Isabella Ennis KC of the Faculty of Advocates, and Jeremy O'Neill, procurator fiscal depute, who jointly presided in the role of sheriffs during the proceedings. Both legal professionals gave a career and legal pathways talk after the verdict, designed to offer pupils insight into routes into the profession and life in the courtroom. The event also introduced pupils to UWS's new LLB (Hons) Scots Law degree. Developed in consultation with the Law Society of Scotland, this programme offers a professionally accredited pathway to becoming a solicitor. It is designed to provide students with both the academic foundations and hands-on courtroom experience required for a successful career in the legal profession. (Image: Supplied) Read more: Major new housing development in Glasgow district put on the market Isabella Ennis KC said: "I was genuinely impressed by the level of preparation and passion these young people brought to the courtroom. "From their structured legal arguments to their confident delivery, they demonstrated real potential. "With this new moot courtroom and the new LLB in Scots Law, UWS has created a space that makes the study and practice of law accessible, inspiring, and inclusive." Professor Sheikh added: "Through our new LLB in Scots Law launching in September and our investment in learning, UWS is opening doors and nurturing the legal professionals of tomorrow." UWS has hosted annual mock court events since 2022, adapting and drawing inspiration from MiniTrial materials, with the generous support of the Faculty of Advocates.
Scotsman
09-06-2025
- Entertainment
- Scotsman
Making a will can spare your loved ones further pain
What would have happened if Liam Payne had died intestate while living in Scotland? Aileen Entwistle has the answers Sign up to our Scotsman Money newsletter, covering all you need to know to help manage your money. Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... When a loved one dies suddenly, their loss throws those they leave behind into turmoil as they grapple with the shock and pain of their unexpected bereavement. And in the midst of their grief, family members must also get to grips with sorting out the legal and financial affairs of the person whose died. Advertisement Hide Ad Advertisement Hide Ad In situations where the deceased hasn't left a will, though, this becomes an even more daunting task. Aileen Entwistle, Private Client Partner at Aberdein Considine (Picture: David Ho) It was reported recently that former One Direction star Liam Payne died without a will aged 31, leaving his estate worth over £24 million to be divided according to the laws of intestacy in England. His ex-partner Cheryl Tweedy, mother of his only son, has been appointed Administrator of his estate, along with lawyer Richard Mark Bray. As Liam Payne died domiciled in England his estate will be administered and distributed in accordance with the statutory intestate succession rules under the laws of England and Wales. Intestacy is the term used when you die without leaving a will. Applying the law of intestate succession in England and Wales, Liam's young son is the sole beneficiary and his family, including his parents and siblings, will not be entitled to a share. The law ensures that a young person's inheritance will be managed on their behalf and protected until they turn 18. However, applications to court are required to have a suitable Administrator appointed to manage the funds and there is a strict order of priority as to who can be appointed. Advertisement Hide Ad Advertisement Hide Ad Would the outcome have been different had Liam Payne died in Scotland? On the whole, no, as under intestate succession in Scots Law, his son would still have been the sole beneficiary and an executor appointed (in Scots Law referred to as Executor Dative) to administer the estate, again following a strict order or priority. The primary difference in Scots Law is that under intestacy, a minor will inherit at age 16 with the management of the funds being directed by the Accountant of Court. Arguably, this is a young age at which to inherit such wealth. It's quite possible that the outcome of his son being his sole heir is what Liam Payne would have wanted had he drawn up a will. However, having a will in place would have allowed him to control who was to look after his son's inheritance and specify the age at which his son was to inherit. Through a will he would also have been able to make provision for his partner who, under intestacy, would have unlikely met the criteria for a dependant's claim under English Law. Under Scots Law, as his cohabitant, she may have considered lodging an application to court for financial provision, bearing in mind the strict deadlines involved in this type of claim. Having a will is important, but particularly so where young children may inherit as it gives you control as opposed to leaving it for the law to decide. According to the National Wills Register's most recent [2024] National Wills Report, in the UK only 50 per cent of women, and 57 per cent of men have made a will. This means that nearly one in two people dying in the UK (42 per cent in Scotland) are potentially setting their loved ones up for an even more tumultuous and stressful experience after they are gone, if there is no will in place.
Scotsman
04-06-2025
- Business
- Scotsman
What happens if you die without a will in Scotland?
The sad death of pop star Liam Payne highlights the importance of having your affairs sorted Sign up to our Scotsman Money newsletter, covering all you need to know to help manage your money. Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... When a loved one dies suddenly, their loss throws those they leave behind into turmoil as they grapple with the shock and pain of their unexpected bereavement. And in the midst of their grief, family members must also get to grips with sorting out the legal and financial affairs of the person whose died. In situations where the deceased hasn't left a will, though, this becomes an even more daunting task. It was reported recently that former One Direction star Liam Payne died without a will aged 31, leaving his estate, worth over £24 million, to be divided according to the laws of intestacy in England. His ex-partner Cheryl Tweedy, mother of his only son, has been appointed Administrator of his estate, along with lawyer Richard Mark Bray. Advertisement Hide Ad Advertisement Hide Ad As Liam lived in England his estate will be administered and distributed in accordance with the statutory intestate succession rules under the laws of England and Wales. Intestacy is the term used when you die without leaving a will. Applying the law of intestate succession in England and Wales, Liam's young son, Bear, is the sole beneficiary and his family, including his parents and siblings, will not be entitled to a share. The law around wills in Scotland is different to that in the rest of the UK, writes Aileen Entwistle The law ensures that a young person's inheritance will be managed on their behalf and protected until they turn 18, however, applications to court are required to have a suitable Administrator appointed to manage the funds and there is a strict order of priority as to who can be appointed. Would the outcome have been different had Liam died in Scotland? On the whole, no, as under intestate succession in Scots Law, his son would still have been the sole beneficiary and an executor appointed (in Scots Law referred to as Executor Dative) to administer the estate, again following a strict order or priority. The primary difference in Scots Law is that under intestacy, a minor will inherit at age 16 with the management of the funds being directed by the Accountant of Court. Arguably, this is a young age at which to inherit such wealth. It's quite possible that the outcome of his son being his sole heir is what Liam would have wanted had he drawn up a will, however, having a will in place would have allowed him to control who was to look after his son's inheritance and specify the age at which his son was to inherit. Through a will he would also have been able to make provision for his partner who, under intestacy, would have been unlikely to meet the criteria for a dependant's claim under English Law. Under Scots Law, as his cohabitant, she may have considered lodging an application to court for financial provision, bearing in mind the strict deadlines involved in this type of claim. Advertisement Hide Ad Advertisement Hide Ad Having a will is important, but particularly so where young children may inherit as it gives you control as opposed to leaving it for the law to decide. Liam Payne, pictured in March 2023, died after falling from a hotel balcony in Argentina (Picture:) According to the National Wills Register's most recent [2024] National Wills Report, in the UK only 50 per cent of women, and 57 per cent of men have made a will. This means that nearly 1 in 2 people dying in the UK (42 per cent in Scotland) are potentially setting their loved ones up for an even more tumultuous and stressful experience after they die, if no will is in place.
The National
25-05-2025
- Politics
- The National
Research group laid out best way for Scots to take back our nation
In particular, I'm wondering how I can do justice to the Saturday afternoon session in the main hall under the title Decolonisation & Self-Determination. This was an event that future historians will refer to as a pivotal moment in the campaign to restore Scotland's independence. That is how important it was. The speakers for this session were Sara Salyers (Salvo), Professor Alf Baird (Salvo), Craig Murray (Salvo/Liberation ambassador), Sharof Azizov (executive director of JPTi,), and Professor Robert Black QC (professor emeritus of Scots Law at the University of Edinburgh). The topic was the Salvo/Liberation initiative to have Scotland included on the UN's list of non-self-governing territories (NSGT). That is to say, territories recognised as having been annexed and now slated for decolonisation. Regular readers will be aware that I have expressed some reservations about the Salvo/Liberation initiative. There were, for example, concerns about the cost of failure. Should the initiative not result in Scotland joining the existing 17 NSGTs, this could be interpreted as validation of the Union. which would seriously undermine the 'case for independence' and deprive the independence campaign of a vital line of argument. When I held this view, I put the Salvo/Liberation initiative's chances of success at no more than 50%. Having attended the SSRG conference session on Decolonisation & Self-Determination, I now put the chances of success at 80% or higher. One cannot say better than that due to the vagaries of international relations. But the 'risk assessment' has been turned around by what I heard at that conference session. Not to diminish the contribution from the other speakers in any way, I suspect they themselves would allow that the most significant contribution was Professor Black's momentous legal opinion on Scotland's status within the Union. Having said that, I would urge everyone to listen to the entire session. I guarantee you will find doing so well worth two hours of your time. For the moment, this quote from an article in The National will give a flavour of Professor Black's perspective: 'The evidence, the facts on the ground support no judgement other than that Scotland ceased to exist as a state in international law and was absorbed into a still-extant England, cosmetically renamed 'Great Britain'. Scotland's legal status today, more than three centuries later, is therefore not that of a partner in a union – unequal, perhaps, but a union nevertheless – but is that of territory absorbed into a larger country. A territory with only limited self-government and with its resources exploitable and exploited by the larger country for its own benefit and purposes.' This together with the contributions from Sharof Azizov was enough to persuade me that the case for Scotland being recognised as a colony was unassailable, leaving only the factor of internationalised relations as a potential fly in the ointment. A couple of concerns remain. The first is the question of timescale. Nobody can put a timescale on the procedure for applying to have Scotland listed as an NSGT. If we regard Scotland's predicament as urgent – as we must – then we have to recognise the possibility (probability?) that a response from the UN may not come soon enough to be a factor in the campaign for the 2026 Scottish Parliament election. Recognising the urgency of the situation, we are obliged to treat every democratic event as if it were our last chance to get Scotland's cause out of the mire in which it has been stuck for a decade. We cannot rely on the UN's support in this effort. We can only hope their response to the Salvo/Liberation initiative is timely. The other remaining concern relates to the reality of what success for the Salvo/Liberation initiative will mean for Scotland's cause. The following from The Scotland Channel's Facebook page illustrates the point: 'Moves to have Scotland decolonised by the United Nations have moved up a gear with meetings set to take place with diplomats from more than 30 countries.' Scotland will not be decolonised by the United Nations. Only the people of Scotland can decolonise our nation. There seems a strong possibility now that the UN will support our efforts to liberate Scotland. But the effort must be made by us! What that unfortunate quote from The Scotland Channel illustrates is the tendency to regard success for the Salvo/Liberation initiative as a complete solution. Spend any time on social media and you will find this notion to be common. At the SSRG conference, I was graciously permitted a couple of interventions in which I sought to stress the importance of ensuring people are aware that having the UN onside is of little use if there is not an internal political and parliamentary process. The UN will provide support. But first, there must be something to which that support can apply. One may think of this UN support as them clearing the road ahead. We still require a vehicle to travel that road. And that vehicle must be built by us, the people of Scotland. We must ensure that there is a political/parliamentary process in place regardless of the outcome of the Salvo/Liberation initiative. But it would be tragic if the UN recognised Scotland's status as annexed territory of England-as-Britain and nothing came of it because there was no internal political/parliamentary process to exploit this new advantage. This is where the Manifesto for Independence comes in. It sets out the political/parliamentary process that is required. No other such process has been identified. The #ScottishUDI process works even without UN support such as will be secured if/when the Salvo/Liberation initiative succeeds. With that UN support, it all becomes much easier and the restoration of independence is guaranteed. I said earlier that it was up to us, the people of Scotland, to build the vehicle that will travel the route cleared for us by the UN. We do that by combining in sufficient numbers that we can force the political parties to be the engine of that vehicle. They have an essential role as it is the political parties which should connect the people to the effective political power of the parliament. As things stand, they are failing abysmally to perform this function. We must join together so that our combined strength becomes an irresistible force compelling the politicians to do the things we elect them to do. The Manifesto for Independence Petition is the means of demonstrating our unity of purpose and instrument we wield in order to secure from the nominally pro-independence parties a cast-iron commitment to parliamentary action for the purpose of decolonising our nation. By means of the petition, we take back our government and direct it to take back our parliament. Then, with or without the aid of the UN, we take back our nation. Visit the Manifesto for Independence Petition page now! Sign the petition and then share it as widely and as often as possible. Do not squander this opportunity! There may not be another! Peter A Bell via email
