Articles



Fifty-three shades of grey

In the 53rd and bonus addition to the jurisprudential primer series, Kapil Summan discusses the debate around the 'not proven' verdict and the views of its supporters and detractors. Thanks are due to Benjamin Bestgen and Dr Brian Barry, of Technological University Dublin, with whom the author had useful discussions on this topic. See the 52nd primer here.

Published 11 May 2021

Andrew Stevenson: Constitutional challenge on UN Rights of the Child bill could lead to further litigation

Further legislation incorporating international conventions into Scots law could also face legal challenges, warns Andrew Stevenson.

Published 10 May 2021

John Sturrock QC: Delivering a net zero carbon civil justice system

The civil justice system also has its part to play in tackling the climate emergency, writes John Sturrock QC.

Published 10 May 2021

Blog: Looks can be deceiving

World markets are very difficult to predict, and predicting the fortunes of a single company or stock is almost impossible. As consumer choices determine the success of a product, and with human nature being unpredictable and inconsistent, selecting the ‘right’ stock to buy is certainly a challenge, write, Daniel McIntosh & Patrick Christie.

Published 10 May 2021

John Bett: Burying your head in the sand over furlough mistakes could prove costly

John Bett, partner and head of dispute resolution and litigation at Lindsays, details why ignoring furlough mistakes could be costly for businesses.

Published 7 May 2021

Julie Harris: Pursuer succeeds in ASPIC liability case

Julie Harris of Allan McDougall Solicitors explains the details of a liability case in the All-Scotland Sheriff Personal Injury Court.

Published 5 May 2021

Lorna Hale: Reflections on lockdown – a new mum’s perspective

Lorna Hale provides a new mum’s perspective on the challenges and opportunities of the last year.

Published 5 May 2021

Kelly Hardman: Right to work – right to change policy now?

A revision to the UK government’s right to work policy framework is bemusing some businesses – primarily because it may be seen to override some of the safety principles behind the ongoing Covid-19 restrictions, says Kelly Hardman.

Published 4 May 2021

Stephen O’Rourke QC: The importance of the Advocates Library

The Advocates Library is at the heart of Scotland’s legal system and the heart of an advocate’s daily practice. It has played a central role in the life of the nation since it was founded in 1682 by the then Lord Advocate Sir George Mackenzie of Rosehaugh, who had become Dean of the Faculty of Advocates that same year.

Published 4 May 2021

Sarah Gilzean: Male employee’s shared parental leave not comparable to female adoption leave

Sarah Gilzean explains a recent case in which a male employee on shared parental leave could not compare his treatment with a female on adoption leave.

Published 4 May 2021

Lorna Richardson: Terminating a commercial lease – the need for reform

Lorna Richardson outlines why reform of the regime on terminating commercial leases is long overdue.

Published 30 April 2021

Duncan Glassey: Leverage – a powerful investment tool or a vehicle to squander your fortune?

Leverage, often referred to in investing as a ‘double-edged sword’, is another word for borrowing money to own more of an asset. Much like a mortgage on a house, it enables individuals to own a higher-value asset than they would otherwise be able to afford. However, there is the risk that the value may fall such that the investor ends up owing more than they own (coined ‘negative equity’ in the housing world). This is never a good place to be.

Published 30 April 2021

Benjamin Bestgen: Primer 52 – Self-defence against the police

All good things must come to an end: in this, the 52nd and final of Benjamin Bestgen's jurisprudential primers, he discusses policing. Watch this space, however, as we plan to offer the series in a more permanent form. See his last primer here.

Published 30 April 2021

Roddy Cormack: Who owns what on a partially built project?

As the government continues to push the construction industry to move more of the building process off-site and into factories, Roddy Cormack explores a conundrum which must be solved if the industry is to thrive in this area – who owns what on a partially built project? 

Published 29 April 2021

Iain Penman: Minimal Asset Process (MAP) bankruptcy in Scotland

Iain Penman explains the advantages and disadvantages of a Minimal Asset Process (MAP) bankruptcy in Scotland.

Published 28 April 2021