David Hossack: I won't see you in court

David Hossack extols the benefits of mediation following the recent publication of a report from Holyrood. I read with great interest the recently issued report of the Justice Committee of the Scottish Parliament entitled "I won't see you in court: alternative dispute resolution in Scotland". As a practising mediator for over 14 years I do not need to be persuaded of the benefits of mediation as a form of dispute resolution. Indeed I consider that, in many cases, it may be the m

Published 10 October 2018

Robbie Wilson: Expert witnesses need to know about any differences in witness evidence

The dangers of expert evidence in a medical negligence case being based on only one witness's account where that account is disputed by another witness has been highlighted in the recent decision in Taylor v Dailly Health Centres, writes Robbie Wilson. The decision from the Outer Hou

Published 9 October 2018

Blog: Heathrow Airport Limited fined £120,000 by ICO

This week, the ICO fined Heathrow Airport Limited £120,000 for serious breaches of the Data Protection Act 1998. Whilst this decision is under the “old” data protection rules, it provides some helpful guidance from the ICO on what organisations should be doing to avoid such action by the ICO in the future. Val Surgenor and Rebecca Henderson explain the details of the breach and action.

Published 9 October 2018

Our Legal Heritage: US founding father and Supreme Court justice James Wilson

Global attention has recently focused on the appointment of Brett Kavanaugh to the US Supreme Court, but Graham Ogilvy reports that the appointment of Scottish lawyer James Wilson as one of the first six SCOTUS justices was also controversial — when Wilson was twice incarcerated in a debtor’s prison while a sitting judge and narrowly avoided impeachment for promoting legislation that favoured his fellow land speculators.

Published 9 October 2018

Rory Alexander: Pay due regard to the Fairer Scotland Duty

Rory Alexander discusses the Fairer Scotland Duty and the opportunity it affords local authorities to tackle inequality.  

Published 8 October 2018

Meghan Jenkins: Breach minimum wage regulations at your peril

Meghan Jenkins warns employers about HMRC fines of up to £20,000 per underpaid worker for breaching National Minimum wage obligations – fines that are levied on top of the obligation to reimburse the underpaid wages.

Published 4 October 2018

Morag Moffett: The power of conversation

Hardly a day goes by without another newspaper article or statistic about the challenges of being a working parent, the rise in sex-related discrimination in the workplace, and the ever persistent gender pay gap. As a caregiver, it is hard, at times, to see light at the end of the tunnel.

Published 28 September 2018

Euan Duncan: Copyright or copywrong?

Following much controversy surrounding the European Union’s proposed Copyright Directive, MEPs have voted again on the Directive, this time in a vote of support with 438 in favour, 226 against and with 39 abstentions, writes Euan Duncan.

Published 14 September 2018

Donald MacKinnon: Does ‘pre-pack’ deal protect House of Fraser’s staff?

Donald MacKinnon looks at how the rights of House of Fraser’s 17,500 employees may be affected following the deal with Mike Ashley’s Sports Direct.

Published 14 September 2018

Tom Wood: Male victims of domestic abuse subject to blatant inequality

Tom Wood notes how the Scottish government has neglected one minority group.

Published 3 September 2018

Eric Baijal : Polluters must pay

On 28th August 2018, Lord Docherty issued his opinion in the application of the Joint Liquidators of Doonin Plant Limited for directions. Eric Baijal examines the case.

Published 31 August 2018

Rebecca Ablett: Full plate for the Court of Justice

Rebecca Ablett serves up a two-course dish of intellectual property delights from Luxembourg.

Published 29 August 2018

Chris Gardiner: Can a text message be a valid will?

Chris Gardiner looks at electronic wills after a French court in the city of Metz ruled that a text message could not be regarded as a valid will.

Published 24 August 2018

Nicola Edgar: The strange case of Dr Bawa-Garba

Recently, the Court of Appeal ruled that Dr Bawa-Garba should be reinstated to the medical register following the widely publicised case involving her care of six-year-old Jack Adcock in 2011, which led to his tragic death. The case has sparked international debate in relation to support available for NHS staff and there have been accusations of scapegoating in an overstretched, under-resourced hospital. Nicola Edgar examines the case and surrounding law.

Published 23 August 2018

Jacqueline Cook: Will Islands Act live up to lofty aims?

Jacqueline Cook looks at recently passed legislation aiming to promote and protect the interests of the islands.

Published 21 August 2018