Articles



David Bell: Accounting issues in unfair prejudice claims

David Bell considers unfair prejudice claims in business disputes and how the role of the forensic accountant can play a part in resolving these.

Published 15 November 2019

Our Legal Heritage: Faculty’s Royal Mile buildings

As you would expect of properties in Edinburgh’s Royal Mile, the Faculty of Advocates’ Lord Reid Building and Mackenzie Building are steeped in history.

Published 15 November 2019

Julie Hamilton: Spotlight on mediation

Julie Hamilton considers the role of mediation in commercial litigation and whether the flexibility it offers may be the route to avoiding, or at least limiting, the disputes that get to court.

Published 12 November 2019

Zoe McDonnell: Victim surcharge could generate substantial funds

25 November 2019 might later be judged a significant date for supporting victims of crime in Scotland. Nobody would dispute that victims of crime should receive support, but opinion may be divided on the fairest way to fund that.

Published 11 November 2019

Chris Phillips: The rocky road of romance at work

Briton Steve Easterbrook, credited with adding huge value to the McDonald’s fast food business during his tenure as US chief executive, has lost the top job he has held since 2015.

Published 5 November 2019

Laura Donohoe: Bringing women's state pension age into line with men's ignores reality

The BackTo60 campaign group has lost a significant case against the government regarding its decision to raise the state pension age of women.

Published 5 November 2019

Andy McFarlane: An industry renewed

It is certainly an interesting time for the renewables industry in Scotland. Despite ongoing political (and consequent economic) uncertainty, the revival of the on-shore wind sector following the post Renewables Obligation Certificates (ROCs) downturn continues apace, and shows no sign of slowing down any time soon.

Published 4 November 2019

Rachael Kelsey: Inherent jurisdiction and child law – two new cases

There are two new cases, both of which develop the jurisprudence on the use of the inherent jurisdiction of the courts in child law matters, and both matters in which SKO has acted.

Published 31 October 2019

Oliver Garner: New Irish Protocol could lead to indefinite jurisdiction of EU Court in the UK

The infamous ‘backstop’ is gone, but the new Irish Protocol could lead to the indefinite jurisdiction of the Court of Justice of the European Union within the United Kingdom, writes Oliver Garner of the British Institute of International and Comparative Law.

Published 31 October 2019

Alasdair Docwra: Glasgow City Council's 'harsh' position on foster carers

The issue of whether foster carers are to be regarded as local authority employees and therefore be accorded rights associated with such a position is emotive, but is also extremely important to see resolved, writes Alasdair Docwra.

Published 31 October 2019

Johan Findlay: A history of women on the Justice of the Peace bench

Johan Findlay JP OBE looks at the history of women on the JP bench.

Published 31 October 2019

Jaime Campaner: Was the Spanish Supreme Court crushing legitimate dissent or properly upholding the law?

The decision to jail the Catalan leaders has caused widespread outrage. Is the outrage justified? When regional nationalist leaders openly defy the law, what is the proper response of central government? These are questions with which the Spanish Supreme Court has had to grapple. They may yet come to be asked in the United Kingdom. Dr Jaime Campaner, practising lawyer and associate professor in procedural and criminal law at the University of the Balearic Islands, defends the Spanish Supreme Court from what he believes to be misplaced criticism.

Published 30 October 2019

Danielle Stevenson: An amicable divorce is possible

Danielle Stevenson, senior solicitor at Jones Whyte Law, looks at the collaborative approach to divorce.

Published 29 October 2019

Lord Kinclaven: Realistic court cases make learning fun

Lord Kinclaven shares insights from the MiniTrial legal education scheme, teaching thousands of Scottish pupils about the justice system.

Published 28 October 2019

Graeme Di Rollo: Shanks v Unilever - A win for inventors in the Supreme Court

Solicitor Graeme Di Rollo of Burness Paull examines the Supreme Court's ruling in Shanks v Unilever.

Published 25 October 2019