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Succession planning is never an easy topic for business owners. Passing on an independent or family run business as a going concern will be one of the first priorities when looking to retire or move to a different role within the business, writes Bruce Farquhar. Small to Medium Enterprises (SMEs) an

A Scots lawyer who became embroiled in a “tense and heated” exchange of emails with a former client in which the solicitor said “what would you expect from a pig but a grunt” has been found guilty of “professional misconduct”. Ross Porter, 56, was censured by the&

Ronald Conway responds to Michael Upton's recent reflections on Brexit. So John Cleese famously asked in The Life of Brian.

A man found guilty of the repeated rape of his former partner and her granddaughter on the basis of the doctrine of “mutual corroboration” has had an appeal against his conviction refused. The appellant claimed that the trial judge’s decision to allow a Crown motion to amend one of

A barrister who claimed the new Brexit deal negotiated by the Prime Minister was “unlawful” has had a legal challenge to suspend the agreement dismissed. Jolyon Maugham QC was seeking interim suspension and interdict on the basis that the withdrawal agreement was in breach of legisl

A commercial property landlord has been granted a court order requiring a tenant to leave the premises after a judge ruled that the notice to terminate the lease, which gave a period of just under six months, was valid under common law. A judge in the Court of Session upheld the landlord’s cla

The First-tier Tribunal for Scotland Housing and Property Chamber (FtT) was wrong to dismiss an application to hear a dispute as “frivolous and vexatious”, the Upper Tribunal for Scotland (UT) has ruled. The FtT had rejected the application as “misconceived and

Dr Ben Christman looks at the Scottish civil justice system's failures in enabling access to environmental justice. Now more than ever, we appreciate that the health of our environment is critical to the enjoyment of basic human rights.

The General Court of the EU has confirmed that registration of the mark ‘NEYMAR’ by a third party is invalid. In December 2012, Mr Carlos Moreira, residing in Guimarães (Portugal), filed an application with the European Union Intellectual Property Office (EUIPO) for registration o

Two single parent asylum seekers who claimed that the reduction in the level of financial support available to them was “unlawful” have had their appeal rejected. The Inner House of the Court of Session upheld a judge’s decision to dismiss a legal challenge to changes in

The former leader of the Scottish Labour Party who was accused of defamation over a newspaper article in which she described a social media comment published online by a pro-independence blogger as “homophobic” has successfully defended a legal action against her. Stuart Campbell, publis

Two asylum seekers who claimed that it was “unlawful” for their housing provider to evict them by changing the locks to their homes without first obtaining a court order for their removal have had their legal challenges dismissed. In a test case, a judge in the Court of Session dismissed

In an age where viral marketing and social media reign supreme, establishing the best method of enforcing your intellectual property rights (“IPR”) can be a thorny issue. Recent years have seen large companies take an increasingly creative approach to managing their IPR, especially trade

By Leon Hutchinson, senior manager at PwC Every year, PwC’s Law Firms’ Survey provides a fascinating snapshot of the current state of the UK legal sector. In this year’s study the picture appears fairly bright, with over 90 per cent of firms reporting growth in fee i

A teenager who claimed that Scottish legislation on “fixed penalty notices” breached European human rights law on the basis that there was no means of challenging the charge if an individual failed to ask to be tried for the alleged offence within the statutory 28-day time limit has had