Articles



Lorna Richardson: Terminating a commercial lease – the need for reform

Lorna Richardson outlines why reform of the regime on terminating commercial leases is long overdue.

Published 30 April 2021

Duncan Glassey: Leverage – a powerful investment tool or a vehicle to squander your fortune?

Leverage, often referred to in investing as a ‘double-edged sword’, is another word for borrowing money to own more of an asset. Much like a mortgage on a house, it enables individuals to own a higher-value asset than they would otherwise be able to afford. However, there is the risk that the value may fall such that the investor ends up owing more than they own (coined ‘negative equity’ in the housing world). This is never a good place to be.

Published 30 April 2021

Benjamin Bestgen: Primer 52 – Self-defence against the police

All good things must come to an end: in this, the 52nd and final of Benjamin Bestgen's jurisprudential primers, he discusses policing. Watch this space, however, as we plan to offer the series in a more permanent form. See his last primer here.

Published 30 April 2021

Roddy Cormack: Who owns what on a partially built project?

As the government continues to push the construction industry to move more of the building process off-site and into factories, Roddy Cormack explores a conundrum which must be solved if the industry is to thrive in this area – who owns what on a partially built project? 

Published 29 April 2021

Iain Penman: Minimal Asset Process (MAP) bankruptcy in Scotland

Iain Penman explains the advantages and disadvantages of a Minimal Asset Process (MAP) bankruptcy in Scotland.

Published 28 April 2021

Eilidh Smith: Learning lessons from Taylor Swift’s IP troubles

Eilidh Smith looks at the lessons we can learn from the IP woes of Taylor Swift.

Published 27 April 2021

Stuart Gillies: Declining use of cash leads to greater confidence in fintechs

Stuart Gillies highlights how the decline of cash during pandemic has resulted in an increase in confidence in financial technology.

Published 27 April 2021

Lord Uist: ‘Not proven’ – not logical or sensible

Writing for Scottish Legal News today, retired judge Lord Uist explains why he supports the abolition of the 'not proven' verdict. There have been many suggestions that 'not proven' is logical because when we make claims about guilt or innocence we stray from certainty; the indicative mood is too strong for some. Yet in the absence of a system that recognises innocence or confers guilt, might courts not become mere umpires, instead of guarantors of justice?

Published 27 April 2021

Not proven: getting the numbers right

Professors James Chalmers, Fiona Leverick and Vanessa Munro take issue with recent claims about how often and in what sort of case the 'not proven' verdict is used.

Published 26 April 2021

Hamish Lean: When conservation and agriculture clash

Hamish Lean outlines an unusual environmental case that will be heard in the Court of Session next month.

Published 26 April 2021

Cameron Greig: An Introduction to CAADs

Cameron Greig takes a look at CAAD applications.

Published 23 April 2021

Ramsay Hall: Addressing modern slavery in the construction sector

Following the launch of a Police Scotland campaign aimed at tackling modern slavery concerns within the construction sector, Ramsay Hall outlines what modern slavery actually involves and what can be done when there's concern about its presence in the supply chain.

Published 23 April 2021

Patrick Christie: Bitcoin – Looks like garbage, sounds like garbage, smells like garbage

Yet some believe it’s pure gold?

Published 22 April 2021

Fraser Kane: HM Treasury launches consultation on regulation of ‘mini-bonds’

Fraser Kane looks at the shape of things to come for non-transferable debt securities.

Published 21 April 2021

Benjamin Bestgen: Legal writing

Benjamin Bestgen this week encourages lawyers to consider the craft of writing. See his last jurisprudential primer here.

Published 21 April 2021