Articles



Lisa Gregory: Stonehaven derailment offers more questions than answers

The publication yesterday of the Rail Accident Investigation Branch (RAIB) Interim Report on the derailment of a passenger train at Carmont, Aberdeenshire, last August offers more questions than answers, writes Lisa Gregory.

Published 20 April 2021

Kelly Hardman: Time factor as offshore wind worker concession deadline approaches

As it continues to grow its track record of contributions to Scotland’s renewables mission, the offshore wind sector is currently making all the right headlines, writes Kelly Hardman.

Published 20 April 2021

Ian Leach: Motor insurance in a post-Brexit Scotland

Scots law has had – and continues to have – many influences, from ancient Rome to the modern-day parliaments and courts. European, UK and Scottish legislation all continue to play a part in Scots law albeit that Brexit has greatly diminished the European influence in terms of new EU laws post-UK exit and enabled UK parliaments to depart from pre-exit EU laws where permissible.

Published 19 April 2021

David Black: This land is certainly not your land, says US copyright law

A terrible fate potentially awaits any Scottish folk troubadour lacking knowledge of US copyright law should he or she be tempted to record or sing in public a Scottish variant of Woody Guthrie’s great American anthem This Land is your Land, This Land is my Land, for they could find themselves facing the wrath of a US court which, for all that flag-waving about First Amendment rights to free expression, takes a very dim view of such pernickety matters as copyright breach.

Published 19 April 2021

Quis: Tutoring of witnesses

Quis provides some advice on 'court craft'. Th

Published 16 April 2021

Iain Penman: Permanent changes to Scotland’s bankruptcy laws following Covid-19

Iain Penman discusses the changes to Scotland's bankruptcy laws in the wake of the coronavirus pandemic.

Published 14 April 2021

Ian Mitchell: ‘Not proven’ – the case in favour

Last week Sheriff (rtd.) Douglas Cusine contributed an article to Scottish Legal News entitled ‘Not proven’ debate lacks clarity. In it, he said, “For me, a ‘not proven’ verdict reflects what we have all experienced, and that is, ‘I’m just not sure.” Speaking for others, he said, “It may be that the ‘not proven’ verdict is seen by some as a message along the lines of 'We know you did it, but it has not been proven'.”

Published 13 April 2021

Alastair Shepherd recalls halcyon days of traineeship as 40 years in law come to a close

Alastair K Shepherd reflects on the traineeship he began in 1981 as he retires this month, having spent four decades in the law.

Published 13 April 2021

Jennifer Stewart: Stand and deliver – your face mask or your job

Jennifer Stewart details an interesting case on an employee's refusal to wear a mask and his subsequent dismissal.

Published 13 April 2021

Anna Reilly: My experience as a (virtual) trainee secondee

While many started their traineeships during the pandemic, Anna Reilly was also seconded during it.

Published 13 April 2021

Tony Lenehan: Abolishing Scotland’s ‘not proven’ verdict would erode trust in juries

With great power comes great responsibility.

Published 12 April 2021

Amanda Jack: How can you help to close the gender pension gap?

We have all heard of the gender pay gap but less is said of the gender pension gap: the difference in the retirement income of men and women, writes Amanda Jack.

Published 12 April 2021

Kate McLeish: Relinquishment and assignation of 1991 Act tenancies

The Tenant Farming Commissioner (TFC) has published a guide to Relinquishment and Assignation (R&A). Kate McLeish explains the details.

Published 8 April 2021

Jae Fassam: ESG can guide economic prosperity

Jae Fassam, partner at law firm CMS, discusses the increasing role of Environment, Social, Governance (ESG) in Scottish businesses.

Published 8 April 2021

Stefanie Glassford: Oral proceedings by video conference at the EPO – part two

Stefanie Glassford follows up on her original post detailing the altered approach that the European Patent Office (EPO) has taken with respect to oral proceedings being held by video conferencing.

Published 7 April 2021