Articles



Jonathan Tait: EU Copyright Directive – is this the answer or will it leave creatives worse off?

Jonathan Tait comments on a controversial EU directive aimed at protecting copyright holders.

Published 14 February 2019

Jonathan Tait: Reputation protection in the age of social media and fake news

Jonathan Tait explains how firms can safeguard their reputations in the age of social media and fake news.

Published 13 February 2019

Karyn McCluskey: Time for an intelligent approach to cutting crime

Karyn McCluskey calls for an evidence-led approach towards cutting crime as an alternative to simply building more prisons.

Published 12 February 2019

Garry Sturrock: Toughening stance on prosecution of domestic abuse

Garry Sturrock looks at the effects Scotland's new domestic abuse legislation will have on the law.

Published 8 February 2019

Rob Marrs: Why the Law Society is keen to hear from BAME students, trainees or NQs

Rob Marrs, head of education and Policy at the Law Society of Scotland, explains why it's keen to hear from BAME students, trainees or NQs who have had previous careers prior to studying law.

Published 7 February 2019

Michael Upton: Searchers’ liability and the fundamentals of duties of care

Advocate Michael Upton M.C.I.Arb., of Hastie Stable, summarises a recent judgment from the Sheriff Appeal Court on establishing a duty of care for economic loss in a case against an allegedly negligent search firm being pursued for damages by the holder of an inhibition, which the searchers allegedly failed to report.

Published 6 February 2019

Lesley Gordon: Cohabitation case law producing encouraging results

Lesley Gordon reviews the application of Scotland's cohabitation legislation in recent case law. 

Published 5 February 2019

Olivia Parker: How fair is your traineeship recruitment pipeline?

Olivia Parker, careers development officer at the Law Society, talks about whether employers are really engaged with fair access and highlights some of the pitfalls that are still regularly identified in the traineeship recruitment process.

Published 5 February 2019

Lorna Ferguson: Accidents in the workplace

The effects of a change in the law on workplace regulations introduced some five years ago are still to fully reveal themselves in Scotland, writes Lorna Ferguson.

Published 4 February 2019

Brexit Implications for family law III – where there are advantages to being old

Brexit is starting to get real, with the detail of the ‘no deal’ provision being put in place. Continuing on from her earlier two articles on Brexit and family law (Part I, Part II), Rachael Kelsey now looks at what all family lawyers (specialists or those with a more general practice) need to know if we end up with no deal…

Published 1 February 2019

Andrew Foyle: Law clarified with judgment on redacted and certified copy documents

Andrew Foyle considers the significance for the debt purchasing industry of a recent case that cast the spotlight on redacted and certified copy documents.

Published 31 January 2019

Lesley Grant: Anonymity orders in the Employment Tribunal

Once an Employment Tribunal decision (and the reasons for it) have been recorded in writing, they are entered into the public register. Since February 2017, such Tribunal decisions have been available online. This means that all judgments (and reasons) are available for public inspection unless the Tribunal has made a privacy or restricted reporting order or if there are national security issues in which case the decision can be anonymised or the reasons can be given in a redacted form.

Published 31 January 2019

Ian Maxwell: Making court orders work as intended for the child

Ian Maxwell discusses how parenting coordination can reduce conflict in shared parenting arrangements. 

Published 25 January 2019

Sean Duffy: Disclosure – time to exercise discretion, not discrimination

Sean Duffy highlights new research showing how criminal record declarations undermine the concept of rehabilitation.

Published 23 January 2019

Brenda Mitchell: Judgment in motorcycle case 'careful and well thought out'

Brenda Mitchell analyses a recent case in which the sheriff found in favour of an injured motorcyclist.

Published 22 January 2019