Alistair Sloan's Avatar

Alistair Sloan

@alistairsloan.bsky.social

Advocate (Lawyer) at the Scottish Bar. Member of Optimum Advocates. #FOI, #privacy & #DataProtection nerd. Enjoy public law. Opinions expressed are my own.

314 Followers  |  519 Following  |  173 Posts  |  Joined: 12.11.2024  |  2.1666

Latest posts by alistairsloan.bsky.social on Bluesky

Preview
Legal aid fees and fixed payments to rise 13% Key reform see solicitors receive legal aid hike, more traineeships and tech support.

The Scottish Government has announced a 13% increase in civil, criminal and children's legal aid fees with effect from 1 September 2026: www.gov.scot/news/legal-a...

29.01.2026 01:01 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Interesting point because, of course, the "devolution jursidiction" in relation to criminal cases in Scotland (a wholly new invention in 1998) initially rested with the JCPC (e.g. DS v HM Advocate was heard by the JCPC, not the Appellate Committee of the House of Lords)

25.01.2026 20:47 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Kier and Daily are an example of the UKSC exercising its "devolution jurisdiction"; it's difficult to see how questions around the convention compliance of the Scots law of evidence and criminal procedure can be directly read over to, for example, E&W as binding precedent.

25.01.2026 20:41 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Indeed; which is itself a very odd provision given that there are substantial differences between the devolution schemes operating in Scotland, Northern Ireland and Wales.

25.01.2026 20:35 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

I recall Lady Justice Whipple (as she now is) having some issues in a Tax appeal which went from the Upper Tribunal to the Court of Session: Taylor Clarke Leisure Plc v The Commissioners for Her Majesty's Revenue and Customs [2015] CSIH 32

25.01.2026 20:05 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

There's also oddities around precedent too where issues of the distinct legal systems are in play as well as "pure" Employment law. The Supreme Court isn't even a unified court either: see section 41 of the Constitutional Reform Act 2005

25.01.2026 20:00 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Once you get out of the tribunals though it gets complicated; there isn't a unified court structure for appeals. Scottish EAT/UT appeals go to the Court of Session, for example. The ET even has a separate Scottish president and Employment Judges in Scotland are appointed separately etc.

25.01.2026 19:49 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Indeed. There isn't really anything called "UK law" (a bug bear of mine) - Statutes passed by the UK Parliament which extend to Scotland form part of Scots law; they're not separate and distinct in the way that, for example, US Federal law is from the law of New Jersey or California.

25.01.2026 19:40 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

The proposals will be interesting. It's not, of course, the first time a policing agency has been given the unofficial title of "Britain's FBI" - both the Serious and Organised Crime Agency and the National Crime Agency were given that seam title when they were proposed.

25.01.2026 19:38 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

In Scotland, we have recently passed regulatory reform of the legal sector. One proposal which didn't make it into what is now the Regulation of Legal Services (Scotland) Act 2025 was for there to be a single regulatory body.

18.01.2026 11:08 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Indeed. The Practice Note does state that a Lord Ordinary will usually fix a permission hearing where they are minded to refuse permission. Petitioner is certainly starting from a position of weakness at a permission hearing.

10.01.2026 16:07 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

It's certainly not a guaranteed refusal of permission.

10.01.2026 15:42 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

You're right, it is. I hadn't noticed that initially (although the first clue should have been the 09:30 start which is when permission hearings usually take place).

10.01.2026 15:33 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
Post image

On Monday the Court of Session will hear a judicial review of the decision to make an order under the Terrorism Act 2000 proscribing Palestine Action. The hearing, before Lord Young, appears as though it is to be livestreamed: www.scotcourts.gov.uk/livestream/

10.01.2026 15:07 β€” πŸ‘ 3    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

I have written a short blog post on the Scottish Government's consultation on extending FOI laws to care homes and care at home services provided by private and third sector organisations: blog.alistairsloan.co.uk/2026/01/08/s...

08.01.2026 08:02 β€” πŸ‘ 2    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0
Post image

MSPs will debate legal aid reform this afternoon following an important inquiry into Civil Legal Assistance in Scotland

▢️Watch the debate at www.scottishparliament.tv/

#LegalAidMatters #AccessToJustice

06.01.2026 13:45 β€” πŸ‘ 4    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

For my first blog post of 2026 I return to a subject that I've written about before which is section 166 of the Data Protection Act 2018 and its very limited scope: blog.alistairsloan.co.uk/2026/01/06/s...

06.01.2026 13:36 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Was Maduro a good man and leader? Absolutely not. Should the USA have violated Venezuelan territorial sovereignty and kidnap him? Also, absolutely not. Will this embolden Putin over Zelenskyy? Quite possibly.

04.01.2026 14:57 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
Preview
Bulgaria is joining the euro. Here's what it means for consumers and businesses Bulgaria is welcoming a new year and a new currency. The nation of 6.4 million in southeastern Europe will become the 21st member of the shared euro currency on Jan. 1.

Bulgaria is welcoming a new year and a new currency.

01.01.2026 19:00 β€” πŸ‘ 125    πŸ” 28    πŸ’¬ 3    πŸ“Œ 2
Preview
Elon Musk reposts image of 'Birmingham hospital' but it's actually a Batman scene Elon Musk reposted the image claiming to show 'migrants storming a hospital', but it turned out it was actually from The Dark Knight Rises.

Mu卐 IS an absolute IDIOT!

www.thelondoneconomic.com/news/elon-mu...

26.12.2025 15:56 β€” πŸ‘ 1    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

Merry Christmas; may everyone have a lovely day.

25.12.2025 09:43 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

and Wales in E v Northern Care Alliance NHS Trust [2022] Fam 130. Lady Tate's opinion can be read here: scotcourts.gov.uk/media/gj4ku0...

23.12.2025 16:42 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

medical treatment but was refusing to provide consent to the transfusion of primary blood components. Indeed, there were no reported considerations of the particular issues arising in this case from the Scottish courts ([5]). In short, Lady Tate adopted the approach of the Court of Appeal in England

23.12.2025 16:42 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

in Scotland. Today an opinion of Lady Tate from earlier in the month was published in respect of a petition by a Scottish Health Board seeking the exercise of the Court of Session's parens patriae jurisdiction in relation to a 14-year old Jehovah’s Witness who had capacity to consent to

23.12.2025 16:42 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Disputes about the medical treatment that a hospital can and cannot provide to a child are not unheard of in England and Wales and I am sure that anyone with a passing interest will be able to immediately think of some high profile cases in the last decade. They are, however, pretty much unheard of

23.12.2025 16:42 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

They have three and a half years to turn it around, but it is clear that Starmer cannot do that. He is totally incompetent; he lacks a vision and an ideology. In short, he should resign and the party should pick someone who can make use of the majority and that time to improve things in the country.

22.12.2025 01:25 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

It was clear during the 2024 election that it was going to be a majority labour government. The only real question was how big a majority. Yet, Starmer and his team appear not to have come into office with any semblance of a plan for the first year of govt. No "quick" wins that set the tone etc.

22.12.2025 01:22 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

He really has been an utterly appalling PM. There have been worse, of course, but he's appalling in the sense that he is utterly incompetent. He came in with an absolutely massive majority; he could quite literally have done anything that wasn't totally insane but he lacks a vision for the country.

22.12.2025 01:22 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
Post image Post image

Last full day in Tenerife today. Looks like it will be another lovely day.

17.11.2025 08:04 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

right go on about. If there isn’t stability where refugees can put down routes how are they supposed to become part of our communities? Yes, many will want to (and will) return to their homeland once it is safe to do so and there is nothing wrong with that either.

16.11.2025 12:51 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

@alistairsloan is following 20 prominent accounts