Articles



Roz Boynton: Swift v Carpenter – what you need to know

Roz Boynton details the key compensation points in a case in which the claimant was severely injured in a road traffic accident in 2013.

Published 30 November 2020

Richard McMeeken: Does lawful act duress exist?

Does lawful act duress exist at all and, if so, in what circumstances may it be invoked? These are the questions which face the Supreme Court in Times Travel (UK) Limited v Pakistan International Airlines Corporation which was heard by the court on 2 and 3 November 2020, writes Richard McMeeken.

Published 27 November 2020

Laura Townsend: High Court rules on equalising historical transfers for the effect of unequal GMPs

The first judgment in the case of Lloyds Banking Group Pensions Trustees Ltd v Lloyds Bank PLC & Others (HC-2017-001399), issued in 2018, made it clear that pension benefits must be equalised for the effect of unequal Guaranteed Minimum Pensions ("GMPs") as between men and women, writes Laura Townsend.

Published 26 November 2020

Murdo Fraser: Rangers case ‘stinks of ineptitude and corruption’

Conservative MSP and former solicitor Murdo Fraser says his party will press the Lord Advocate on the unanswered questions and strange circumstances surrounding the malicious prosecution of people involved with Rangers.

Published 25 November 2020

Benjamin Bestgen: Usury

"Usura rusteth the chisel/It rusteth the craft and the craftsman", wrote Ezra Pound. Benjamin Bestgen this week explains the practice of usury. See last week's primer here.

Published 25 November 2020

Our Legal Heritage: Henry Dundas – no statute of limitation on the limitation of statues

In part two of his reflection on the life of Henry Dundas, Chris Holme retells the episode that would be his undoing, see part one here.

Published 24 November 2020

Robert More: Preserve ‘not proven’ and reform Scotland’s jury system

Solicitor advocate Robert More calls for the preservation of the not proven verdict and argues in favour of reforming Scotland's jury system.

Published 23 November 2020

Julie Greig: Your guide to virtual court hearings – what you need to know

Julie Greig gives her top tips for virtual court hearings.

Published 19 November 2020

Paul Motion: Now is the time to outsource a really good data protection officer

The data protection landscape for businesses and public authorities changed beyond recognition on 25 May 2018 when the GDPR and Data Protection Act 2018 came into force. It seems remarkable that nearly two and a half years has passed. At the time, no-one could have predicted that for the majority of UK businesses, working from home with customer and client data would become the norm, writes Paul Motion.

Published 18 November 2020

Benjamin Bestgen: Just prices

Benjamin Bestgen asks us this week to consider just prices. See last week's jurisprudential primer here.

Published 18 November 2020

The remarkable life of Archibald Stewart

Further to our piece of 11 November, Lord Stewart, a former Senator of the College of Justice, writes with more detail about the fascinating life of his grandfather Archibald Stewart, who died in the bombing of Campbeltown in 1941.

Published 17 November 2020

Thomas Ross QC: Legal Challenges to the EncroChat Hack – an Introduction

The High Court in London recently heard an application which had as its aim the exclusion of evidence obtained in the course of law enforcement activity into the EncroChat platform. For reasons which this article will hopefully make obvious, that application will in time be remembered as simply the first of many.

Published 16 November 2020

Gill Dennis: Don’t be green on climate change advertising compliance

Businesses which fail to ensure that any 'green' claims made in advertising can be substantiated are likely to breach UK advertising regulations and could result in reputational damage, writes Gill Dennis.

Published 13 November 2020

Benjamin Bestgen: Apologies

Sorry seems to be the hardest word, which is why the law has gotten involved in recent years. Benjamin Bestgen reflects on an early injustice and the value of apologies. See last week's jurisprudential primer here.

Published 11 November 2020

Bryan Shaw: Syndicated investments – the new normal?

Bryan Shaw considers some of the more common pain points in syndicated deals and shares some suggested strategies to resolve any roadblocks.

Published 10 November 2020