Dean of the Faculty of Advocates; Silk since 2010. All views personal only!
Aug 14, 2024 • 10 tweets • 2 min read
Some thoughts on the Imane Khelif criminal complaint, with the express caveat that I’m not a French lawyer…
2. I’m not sure that jurisdiction will be an insuperable problem. The French courts accepted jurisdiction in the criminal case against Yahoo and its CEO (Mr Koogle) in 2003.
Jun 16, 2024 • 6 tweets • 1 min read
Chapeau, @Jebadoo2. Kicking ass and taking names where it matters. The casual misogyny that has been encouraged and enabled, on here and elsewhere, for far too long in the name of “progression” needs to end, now. Party leaders, wake up and smell the goddamned coffee.
I mean—and I’m sorry if I’m now going on at length here—but what on earth has happened to our *democratic society* when the abuse of women standing up for women’s rights in a lawful fashion has become so normalised, so acceptable that our political leaders stand silent?Have we/
Aug 30, 2023 • 12 tweets • 2 min read
There has been some confusion about prosecutorial decisions of late. What follows is not aimed at any particular case. I know not why some cases are prosecuted and other are not. But the points below are perhaps not widely known.
1- police are not obliged to report to the procurator fiscal every alleged crime. They have a discretion to issue warnings.
2- however, that does not apply where there is an aggravation. I’d there is then, in general, the case must be reported to the PF.
Jun 21, 2023 • 5 tweets • 2 min read
The opinion obtained by @JNHanvey is very interesting.
1: the opinion does not say UKSC was wrong as a matter of domestic law.
2: even if it did, that would be irrelevant, as a decision of UKSC is final and binding unless /
reconsidered by UKSC itself with a higher number of judges. That seems unlikely.
3: it recognises that secession is difficult but not impossible. I think the Prof is right to envisage the ICJ route as likely to be difficult.
4: (and phew..) it places no reliance on the CoR…
Jan 17, 2023 • 4 tweets • 1 min read
Given the number of - oftentimes coordinated - tweets complaining of the use of s35 as an “attack on democracy”, a brief explanation as to why - whatever your views on the merits of the GRR bill - that is not correct.
1. In a democracy, creatures of statute - such as the Scottish Parliament - act within the confines of the Act that created them. 2. Section 35 is part of the Scotland Act. 3. Its exercise is thus not anti-democratic. Rather, it is democracy in action.
Jul 4, 2022 • 4 tweets • 2 min read
This has revealed (to me, anyway, @TwitterSupport) a problem.
Someone reports your tweet. Let’s say they do so maliciously - a reasonable inference here as only a complete idiot could think I wanted to hang the judges.
/ They block the account and send a message. “You are in violation. Account blocked. You have two options: delete the offending tweet, or appeal”.
Appeal. Naturally. But the account is blocked meantime & there’s no indication of how long it will take. So after an hour or so /n
Jan 10, 2022 • 5 tweets • 2 min read
It’s difficult for the public to get excited about proposals to reform regulation of the legal profession. But this is powerful stuff from the judiciary: @scotgov plans are an assault on the rule of law that must be resisted, root and branch, with tooth and claw. Bravo, m’luds.
