Articles



Blog: Victory for landlords shows leases need not be fair

A recent judgment is a harsh reminder for tenants, say Alistair Drummond and Gavin Deeprose.

Published 22 March 2016

Blog: 'Houdini taxpayers' can't escape Supreme Court

Steven Guild reviews last week's Supreme Court tax case of UBS v HMRC – a blow for the 'Houdini taxpayer'.

Published 18 March 2016

Blog: Should I stay or should I go

Donald MacKinnon discusses the possible effects of Brexit on employment law and health & safety regulations.

Published 2 March 2016

Blog: Scottish Courts waste no time in getting tough on environmental crime

Scottish courts are cracking down on environmental crime as a recent case illustrates, John McGovern writes.

Published 24 February 2016

Blog: Perry Mason days may be on way out

Technology is reducing the reliance on traditional courtroom hearings, writes David S Christie.

Published 19 February 2016

Blog: Guidance needed on early dissolution proposals

The insolvency regime seems to be in a perpetual state of flux, writes Steven Jansch.

Published 16 February 2016

Blog: Gender equality – but what about the men?

Rob Marrs, head of education at the Law Society of Scotland, discusses the rarely addressed question of gender equality in the legal profession – for men.

Published 11 February 2016

Blog: Privacy changes must be on the agenda in 2016

Ross McKenzie warns that the way organisations handle personal information will need to go through some significant changes in the coming years to accommodate the biggest change to the data protection regulatory framework since the early nineties. 

Published 4 February 2016

Blog: Following Carmichael – the future for election challenges

Now that we have had time to reflect on the Election Court’s decision in Timothy Denis Morrison & Others v Carmichael & Another EC 90, what can we say about its wider implications?  Well, quite a lot actually according to Rosie Walker, who acted for Alistair Carmichael.  

Published 26 January 2016

Blog: Paul Motion – Cyber-attacks highlight risks for all

Paul Motion discusses the pitfalls associated with mitigating cyber-attacks on businesses. So, 2015 was the year of the cyber-attack, with TalkTalk, Ellen Conlin Hair & Beauty and supermarket group Morrisons all experiencing the devastating impact. The Ellen Conlin attack highlights that businesses of any kind can be targeted by hackers for financial gain. The company that hosted Ellen Conlin’s database had to pay a ransom of 1,000 Bitcoin (about £238,200) to unlock the firm’s appointments database. Meanwhile, Morrisons is now being sued in a class action after a ­disgruntled employee published personnel records online. These firms had to decide whether to say nothing, or go public to reassure customers that no personal information had been compromised. As TalkTalk discovered, there are downsides to going public quickly – a potential figure of four million customers whose data was initially thought to be affected turned out to be 157,000. Reputation management can consume management time; solicitors and a PR consultancy may need to be involved. Statistics show there were 2.5 million cyber-crime incidents from 2014 to 2015 in England and Wales. PwC’s latest report for the year to June 2015 stated that 90 per cent of large businesses and 74 per cent of small businesses surveyed reported a security breach. Claiming “we were the victim” was the approach of TalkTalk after its attack. But it cuts no ice with the Information Commissioner. Cyber-attacks resulting in the loss of personal data carry another risk – 2015 saw the Court of Appeal make it significantly easier to claim damages under the Data Protection Act. One case decided that compensation may be payable if the data breach has caused simple distress, obviating the need to demonstrate pecuniary loss as well. How best can you protect your business? Talk to a data protection defence specialist with experience of engaging the Information Commissioner.

Published 20 January 2016

Blog: Five reasons why Obi Wan Kenobi was a terrible mentor

Simon Allison explains how to avoid making the same mistakes as Obi Wan Kenobi when training your Padawan.

Published 15 January 2016

Blog: Mis-sold loans and failed businesses

Not every mis-sold loan results in the customer’s business failing writes Liina Tulk (pictured) in an overview of the recent Court of Session decision in the case of John Glare v Clydesdale Bank Plc.

Published 13 January 2016

Blog: Land reform - quasi-legal figure is an unlikely scenario

Hamish Lean (pictured) discusses reforms relating to agricultural tenancies including the introduction of a tenant farming commissioner and the issue of the right to buy for 1991 Act tenants.

Published 13 January 2016

Blog: Gordon Jackson QC on maintaining the rule of law

Gordon Jackson QC notes that all those who uphold the rule of law should be accorded equal respect. 

Published 11 January 2016

Blog: Difficulties in enforcing heritable securities

Zibya Bashir discusses the provisions (or lack thereof) dealing with the enforcement of heritable securities where the heritable proprietor is a dissolved limited company.

Published 8 January 2016