Articles



Audrey Ferrie: Protect staff as UK hospitality sector reopens

With most of Scotland’s hospitality sector reopened after lockdown, employers will need to consider what impact new ways of working will have on the mental health of the workforce, writes Audrey Ferrie.

Published 21 May 2021

Shirley Li‑Ting: Spotlight on landlord remedies in CVAs

The Corporate Insolvency and Governance Act 2020 imposed a temporary halt on the use of statutory demands and winding up petitions where the tenant is unable to pay its bills because of coronavirus. As a result two uniquely Scottish remedies available to landlord creditors have come into the spotlight, particularly in relation to retail CVAs, writes Shirley Li‑Ting.

Published 20 May 2021

Roz Boynton: Spaces for people – cycling for life or just for Covid?

Back in March 2020, when the world turned upside down, whilst we started panic buying toilet roll, washing our hands singing Happy Birthday, doing Zoom pub quizzes and our daily Joe Wicks workouts, another strange phenomenon materialised: Spaces for People.

Published 18 May 2021

Robert More: Big trouble in our little justice system

The Scottish government has made a conscious decision to deprive the legal aid system of funding. The number of lawyers able to service the scheme is dwindling. Wooed by COPFS or simply unwilling to be the sticking plaster in a broken system, they have left. As lawyers strike today, solicitor advocate Robert More tells us what the government will not.

Published 17 May 2021

Roddy Dunlop QC: Why the default position should be in-person court hearings

While remote hearings have proven useful over lockdown, they should not supplant in-person justice, says Dean of Faculty, Roddy Dunlop QC.

Published 17 May 2021

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