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.
Edinburgh, Scotland
Joined November 2016
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Reminder that I am mostly posting on Bluesky now, find me here: bsky.app/profile/whytefergus…
Primarily over on BlueSky now so come join me for scintillating legal insights such as the below: whytefergus.bsky.social
Honestly not sure what meaning of "own" they are going for here but I am going to choose its the colloquial, very online version
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
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/5456…
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/coul…
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_M…
Seasoned with bad law may be my new favourite expression - from Scrymgeour-Wedderburn v Earl of Lauderdale 1910 S.C. (H.L.) 35 📷
"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/ScotCS…
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-organisations…