Blogs



Gillian Rushbury: Defending the defendants

A recent Supreme Court ruling in an English case offers highly persuasive guidance on whether Scottish employers who are sued for their employees’ alleged acts owe a duty of care to those employees when defending such civil proceedings. This guidance could have implications for the conduct of abuse cases, writes Gillian Rushbury.

Published 20 August 2018

Scott Clair: Non-vested contingent interest clarified

Scott Clair comments on a recent Sheriff Appeal Court case that found the scope of non-vested contingent interest to be greater than previously thought.

Published 20 August 2018

Blog: Don't be evil – Google fined record £3.8bn for abusing dominant position

On 18 July the EU Commission handed Google a record fine of £3.8bn (€4.34bn) for abuse of its dominant position in relation to the Android operating system. David Flint and Rebecca Henderson explain why the tech giant incurred the Commission's wrath.

Published 10 August 2018

Katrina Lumsdaine: Supreme Court decision may impact on directors and prescriptive periods in Scotland

Scottish insolvency practitioners may be able to use a decision of the Supreme Court in an English case on time limit in support of bringing claims against company directors, even if the claims are over five years old and, on the face it of it, are out of time, writes Katrina Lumsdaine.

Published 10 August 2018

Blog: French case clarifies 'consent' under GDPR

Val Surgenor and Rebecca Henderson discuss a French case that will likely serve as guidance on the interpretation of "consent" under GDPR.

Published 7 August 2018

Alan Cook: Proposed rates reforms a boon to the commercial property sector

Scotland's commercial property sector stands to benefit from proposed reforms to business rates – on which the Scottish government is currently consulting, writes Alan Cook.

Published 3 August 2018

Blog: Feel secure in the Scottish courts

A Court of Session or Sheriff Court action can be raised for the sole purpose of obtaining security pending the outcome of a case being decided in a foreign court, according to the recent Inner House case of AA v Secretary of State for Business, Energy and Industrial Strategy and the Commission for Equality and Human Rights. Julie Hamilton and Sarah Hobkirk summarise the judgment.

Published 2 August 2018

Notable British Trials series revived after 58 years

John Forsyth looks at the revival of the Notable British Trials series.

Published 1 August 2018

Blog: Compensation events - the final word?

The recent decision in ICI v Merit Merrell Technology is the latest in a series of decisions in the dispute – described by Mr Justice Fraser as ‘long-running, and bitterly fought’ – relating to steelworks to be carried out by MMT at a new paint manufacturing facility for ICI in Northumberland, write David Arnott and Sara Lannigan.

Published 31 July 2018

Claire Scott: Philosophical investigations

A case involving the iconic luxury handbag designer Mulberry has looked at the law around discrimination on the grounds of a rather unusual philosophical belief, writes Claire Scott.

Published 27 July 2018

Kenny Scott: Loved and loathed – zero hour contracts

A recent widely reported settled claim by a hospitality worker highlighted the controversy that continues to persist with Zero Hour Contracts (ZHC).  Kenny Scott considers the issues that often surround this form of employment arrangement and highlights why ZHC’s still have an important role to play.

Published 26 July 2018

Neeraj Thomas: Can you spot a fake?

“Imitation is the sincerest form of flattery” or so the saying goes. But ask a brand holder what they think of imitation and I would bet a decent amount of money that “flattering” is not one of the adjectives they use, writes Neeraj Thomas.

Published 23 July 2018

Jenny Dickson: Prognosis for industrial diseases bill is uncertain

Jenny Dickson discusses the details of a bill that would give ministers the power to recover certain costs for NHS Scotland that are associated with the treatment of industrial disease-related illnesses.

Published 17 July 2018

Michael Thomson: Doubts rising over CVA effectiveness

Company voluntary arrangements (CVAS) are very much in vogue. Why? Growth of online shopping, Brexit uncertainty, increased export costs, drop in consumer confidence and spend, increases in business rates, rising labour costs and long-term inflexible lease costs. All of these been cited as factors contributing to financial difficulties for bricks and mortar operators in the UK retail, fashion and casual dining sectors. Michael Thomson summarises recent scrutiny of the CVA process.

Published 16 July 2018

John McArthur: Inheritance Tax delays can cost beneficiaries dear

John McArthur calls for an overhaul of Britain's creaking inheritance tax regime.

Published 13 July 2018