Malcolm Combe
@malcolmcombe.bsky.social
1.3K followers 350 following 250 posts
Scots academic lawyer based at the University of Strathclyde. Interested in access to: a) land; and b) justice. Don (in the fitba sense). Blogs a bit. Demi-Gael.
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Reposted by Malcolm Combe
nearlylegal.co.uk
And so it begins... Client telling me that my (and counsel's) advice is wrong and that I need to consider various cited cases that support their view. Which cases don't exist. Client admits used an LLM AI, but comes back to me with further detailed argument, citing other cases which.. don't exist.
malcolmcombe.bsky.social
If you weren't up at 7am this fine Saturday, which is totally fair enough by the way, you would have missed me chatting about all things public access to land on BBC Radio Scotland's Out of Doors. My bit starts 52 minutes 20 seconds into the programme www.bbc.co.uk/sounds/play/...
Out of Doors - Snorkelling Artists, Access Rights and a Historic Sailing Ship - BBC Sounds
Mark Stephen and Rachel Stewart with stories from the great outdoors.
www.bbc.co.uk
Reposted by Malcolm Combe
davidallengreen.bsky.social
NEW

Why the government was right to take PPE Medpro to court

The state should enforce its contractual rights against suppliers more often

By me, at @prospectmagazine.co.uk

www.prospectmagazine.co.uk/ideas/law/th...
Mone was neither a director nor shareholder of that company but she was, from this judgment, its champion lobbyist. At a critical stage, according to the judgment, the PPE Medro negotiator “engaged his ‘big gun’ – contacting Baroness Mone who then took up the fight on behalf of Medpro direct with […] the Cabinet Office threatening further escalation.”

Mone sent an email to the Cabinet Office (which indicates the input of lawyers) insisting a contract had already somehow been entered into. She wrote “the committee sign off, the finance sign off, the verbal conversations on the urgency of goods and the signed returned contract, all constitutes a contract, with a legal and moral obligation on [the Department of Health and Social Care]”.

But this was not correct of law or fact. The matter was still entirely subject to contract. The supplier may well have been incurring costs in anticipation of a contract, but at this stage this was at their own risk. In that email, however, a parliamentarian was falsely stating to the government that a high-value contract was already in place and that the government was thereby obliged to purchase the goods. In fact, the final price had not even been determined. There had not even been a best or final offer.
Reposted by Malcolm Combe
gavincorbett.bsky.social
The Radical Road by Salisbury Crags in Edinburgh has been closed for far too long. Today’s site visit went through the plans for phase 1 reopening from the top end as far as Hutton’s Rock in the south quarry. Due by Spring 2026.
malcolmcombe.bsky.social
Looking forward to speaking to Mark and Rachel tomorrow for what I hope will be an enlightening discussion. I suspect I'll be on at 7am, so if you want to listen live it will be an early start (and it's an even earlier start for me...).
Reposted by Malcolm Combe
ronfilipkowski.bsky.social
PM of Albania having a good laugh with President of Azerbaijan and Macron about Trump repeatedly claiming that he ended the war between their two countries which were not at war with each other.
Reposted by Malcolm Combe
scottwortley.bsky.social
Today the scottish parliament is voting on stage 1 of the dog theft (scotland) bill an utterly pointless piece of legislation criminalising the theft of dogs, something which (it will astonish no one) is already criminal. A gesture. I find this sort of legislation inexplicable.
Reposted by Malcolm Combe
davidallengreen.bsky.social
No.

For even if the government cannot recover all its damages and costs here, this case is still a signal to current and potential suppliers that it is willing to enforce it contractual rights.

And that is very valuable.

Many government suppliers do not believe the government will ever do this.
malcolmcombe.bsky.social
That is the Housing (Scotland) Bill passed by the Scottish Parliament, with provisions for rent control areas, reasonable delays to evictions, tweaks to succession, and more. You can access a PDF of the finalised provisions (subject to renumbering) here. www.parliament.scot/-/media/file...
www.parliament.scot
malcolmcombe.bsky.social
I'll be introducing this event, about a famous access flashpoint where the people of Glasgow managed to assert a right of way along the north bank of the River Clyde.
lawstrath.bsky.social
EVENT on 15 October at @unistrathclyde.bsky.social with Professor Christopher Whatley. He will discuss his recent book, Harvie’s Dyke: The People, their Liberty and the Clyde, which centres on a 19th century public access to land dispute www.strath.ac.uk/humanities/l...
Event with Prof Whatley, the author of Harvie’s Dyke, on 15 October | University of Strathclyde
www.strath.ac.uk
Reposted by Malcolm Combe
awinston.bsky.social
No one could’ve seen this coming
Reposted by Malcolm Combe
Reposted by Malcolm Combe
joshuaerlich.bsky.social
this is absolutely wild

the court *sua sponte* dismisses the case for violating Rule 8(a)

so that means the court, all on its own, looked at the complaint and said it's too long, too scattershot, too arbitrary to even count as a complaint. *never* seen this happen to a private party with counsel.
This complaint stands unmistakably and inexcusably athwart the requirements of Rule 8. This action will begin, will continue, and will end in accord with the rules of procedure and in a professional and dignified manner. The complaint is STRUCK with leave to amend within twenty-eight days. The amended complaint must not exceed forty pages, excluding only the caption, the signature, and any attachment.
malcolmcombe.bsky.social
I was recently interviewed by the Croftwork podcast team, on matters crofting law and land reform. You can listen on Spotify or on this website. My thanks to Eilidh (from Camus Consulting) and Donna (from the Scottish Crofting Federation) for having me as a guest. sites.libsyn.com/572695/episo...
Croftwork: Episode 6 - Malcolm Combe
In this episode we chat with Malcolm Combe, a senior lecturer in Scots private law at the University of Strathclyde, having arrived there by way of a stint in private practice followed by a position a...
sites.libsyn.com
Reposted by Malcolm Combe
ditzkoff.bsky.social
Robert Redford playing a gentle incarnation of death, coming for a frightened old woman in The Twilight Zone episode "Nothing in the Dark" (1962). An extraordinary performance then, terribly bittersweet today
Reposted by Malcolm Combe
medusaswink.bsky.social
Me: i’m Autistic

Them: Oh you take things literally

Me: No that’s kleptomania
Reposted by Malcolm Combe
davidallengreen.bsky.social
Followers will not be surprised at "clear advice" being, well, not clear.
lizziedearden.bsky.social
In a debate on the Palestine Action ban on Monday, the security minister said it was based on "clear advice and intelligence", and people protesting against the ban "may not know the extent of its activities"

Today, we are publishing some of that advice
www.nytimes.com/2025/09/12/w...
www.nytimes.com
malcolmcombe.bsky.social
I hadn't seen *this* one (thanks), but I have seen similar ones.
Reposted by Malcolm Combe
scottishlandcom.bsky.social
Can tax support climate and land reform goals?

We’ve published interim advice on how tax could:

✔️ cut land-based carbon emissions
✔️ support wider land reform
✔️ raise revenue for national priorities

Read our advice here: buff.ly/dDuS27A
Reposted by Malcolm Combe
lawstrath.bsky.social
EVENT at @unistrathclyde.bsky.social on 9 September with Associate Professor Kume Hideyo, comparing approaches to land use and land reform in Scotland and Japan. Booking and details via Eventbrite. www.eventbrite.co.uk/e/legal-appr...
Picture of an agricultural field with pylons and electricity apparatus under a cloudy but sunny sky, with the text "Legal and Policy Approaches to the Use of Public Assets in Scotland and Japan. Hideyo Kume Chubu University (Japan)"
Reposted by Malcolm Combe
Reposted by Malcolm Combe
lawstrath.bsky.social
Event at @unistrathclyde.bsky.social on 9 September, with Kume Hideyo (an Associate Professor at Chubu University, Japan). She will deliver a seminar entitled, “Legal and Policy Approaches to the Use of Public Assets in Scotland and Japan”. Details and booking link: www.strath.ac.uk/humanities/l...
Event on approaches to use of public assets in Scotland and Japan on 9 September | University of Strathclyde
www.strath.ac.uk
malcolmcombe.bsky.social
I heard about this case a little while ago, and I'm intrigued to learn what weight the Court of Session might give the UN Convention on the Rights of the Child in what seems to be an otherwise "vanilla" eviction (albeit from someone's home). www.bbc.co.uk/news/article...
Showpeople family go into battle over Glasgow council eviction
Showman Jimmy Stringfellow is facing the fight of his life - to save his Clydeside home.
www.bbc.co.uk
malcolmcombe.bsky.social
In theory the new combined court will continue with a flexible approach to site visits and will have more of a specialism for land-y stuff (positive). Not sure how it will work with fees and workload of the court but I imagine that might be a favourable comparison too.