Articles



Blog: No pictures, please – Scotland v England as a forum for defamation cases

The Court of Appeal in England & Wales has handed down its judgment in the matter of Howard Kennedy v The National Trust for Scotland [2019] EWCA Civ 648, on appeal from the decision of Sir David Eady, sitting as a judge of the High Court on the Queen's Bench Division Media and Communications List. CMS lawyers Dan Tench, Emma Boffey, Graeme MacLeod and Joanna Clark examine the case.

Published 21 June 2019

Lisa Gregory: Super Puma crash highlights Scotland's FAI failings

Since the announcement last week that a fatal accident inquiry is to be held into the Super Puma helicopter crash off Shetland in August 2013, there has been a vociferous response criticising the delay of almost six years, writes Lisa Gregory.

Published 17 June 2019

Stuart McWilliams: Registration of EU nationals ahead of Brexit is critically important

Stuart McWilliams stresses the importance of registration for EU nationals ahead of Brexit.

Published 17 June 2019

Stuart Davey: GDPR data breach notifications in UK among highest in EU

Organisations operating in the UK are reporting data breaches in greater number than in many other parts of the EU and reported incidents have risen dramatically since the introduction of the General Data Protection Regulation (GDPR), writes Stuart Davey.

Published 14 June 2019

Willie McIntyre: Jewel in the Crown no more

I seldom go to the High court these days. High court generally means legal aid, and a recent time and study analysis showed fees earned on such work did not meet office overheads far less make a profit. Thus, the reduced number of High court cases I take on each year are regarded as pro bono because, I can tell you, they don’t do me or my bank manager a lot of bono.

Published 12 June 2019

Laura Edmunds: Mind your language – personal guarantees and personal interpretation

Laura Edmunds looks at the case law on personal guarantees in contracts.

Published 11 June 2019

Jennifer Maciver: Children and the law – a balancing act

When a legal matter involves a child, there is a fine line between protecting the child and excluding them from something which directly impacts them, writes Jennifer Maciver.

Published 10 June 2019

Paul Harvey: Problems with the Strasbourg Court are practical, not philosophical

Advocate Paul Harvey reflects on the third of Lord Sumption's Reith Lectures, in which the former Supreme Court justice takes the ECHR to task.

Published 7 June 2019

John Halley: Youth justice needs compassion, not retribution

On 3 June 2019 Linda and Stuart Allan posted the following on Twitter:

Published 5 June 2019

Tom Stocker: Tackling white collar crime – the role of business

The UK government would do well to replicate the American approach to anti-bribery guidance, writes Tom Stocker.

Published 4 June 2019

Julie Hamilton: Avoiding inexpert witnesses

Julie Hamilton comments on the role of the expert witness in the wake of a recent case south of the border.

Published 4 June 2019

Nicola Edgar: Radical changes to medical negligence law proposed south of the border

Nicola Edgar looks at English proposals to overhaul the medical negligence regime.

Published 3 June 2019

Peter Begbie: Legally binding contracts – more than meets the eye

Agreements between businesses and individuals occur on a daily basis, but what does it take to make them legally binding? Peter Begbie explains.

Published 31 May 2019

Nicola Williams: The importance of early M&A tax advice

As someone who has worked in an M&A specialist law firm, I have great respect for the important role these lawyers play in advising clients involved in a transaction. It is, however, surprising that tax considerations are often overlooked in the initial stages of the deal process only to have tax advisors called in at the eleventh hour to fix a situation that has often developed into a deal breaker or a significant sticking point between clients.

Published 30 May 2019

Kirsty Yuill: Personal injury compensation north and south of the border

The differences between Scotland and England on personal injury compensation may increase in the coming months, writes Kirsty Yuill.

Published 28 May 2019