Fergus Whyte @WhyteFergus
A mix of Kiwi & Scots, lawyer (in some places) currently practising as an advocate in Scotland, music & tech lover, & other things besides. All views my own. amadvocates.co.uk/advocate/fergu… Edinburgh, Scotland Joined November 2016-
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Something has broken out of the former premises of the Scottish Law Commission... Reports of a zombie Alan Rodger are thought to be unconnected at this time
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Scots law used to have something called a blench...
Being so uncomfortable with gay people that you teach yourself the niceities of road traffic signage and street marking law, and then launch a judicial review about it is a new level of... something rnz.co.nz/news/national/…
Fergus Whyte retweeted
@eurelationslaw blog post by Alastair Holder Ross of @moncktonlaw Chambers: Coulda, shoulda, woulda – whether to depart from assimilated EU case law eurelationslaw.com/blog/coulda-sh…
Top level 1950s lawyers' problem here (though the mace is quite cute)
Most of intellectual property law is just spot the difference with high stakes financial consequences
There is Scots authority for the proposition that you can't teach sheep about interdicts - Campbell v Mackay 1959 SLT 34 (Oban Sh Ct)
Reading through a training exercise where the accused is one John Smith and his co-accused is named Alan Rodger but where students are asked to refer to the very real case of Allan Turnbull v HMA [2017] HCJAC 85 - serendipitous indeed
Mutating grounds of judicial review is a delightful way to describe something - from HK, Petitioner [2025] CSOH 1
Had to look at a book by Lord McLaren recently (pre 1964 Act succession law...) and he has a fascinating family story - a draper/MP father, a KC half-brother, pioneering doctor half-sister and a sculptor (Rodin pal) daughter en.wikipedia.org/wiki/John_McLa…
Seasoned with bad law may be my new favourite expression - from Scrymgeour-Wedderburn v Earl of Lauderdale 1910 S.C. (H.L.) 35 📷
Got to love that this has its own entry
"Then the seventh seal was opened, and lo, there came forth a great torrent of discussing exactly how Roman law would have handled this particular civil law issue..."
Anyone happen to know when Altlaw (the US Bailii equivalent) became a Kratom booster site (altlaw.org)?
So this latest privilege case about "without prejudice" in Scots law is fascinating and is going to ruin a few people's days - bailii.org/scot/cases/Sco…
Entirely unprompted, it is amusing to note that a lot of marketers don't realise that advocates/barristers are sole traders and therefore cannot be 'cold-emailed' under PECR - ico.org.uk/for-organisati…
Pleas in mitigation are just the ultimate in constructive criticism
Extremely promising start to case - Walsh and others v Spence and others [2023] EWHC 1661 (Ch)
Juristic attempt to scream into the ether rejected - Hughes Family Property Co Ltd & Anor v No Defendant [2024] EWHC 2288 (Ch) bailii.org/ew/cases/EWHC/…
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