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

Lewis Richardson: No defence, simple?

Lewis Richardson discusses a recent decision from the Sheriff Appeal Court in the case of Cabot Financial UK Ltd v Gardner and Ors, [2018] SAC (Civ) 12. The appeal related to debt recovery cases for assigned credit card debts.

Published 13 July 2018

Audrey Ferrie: Licensed trade faces hangover following new rules

The licensed trade in Scotland is facing an almighty hangover caused by the legal requirement to renew personal licences which are required for pubs, clubs, hotels and restaurants, writes Audrey Ferrie.

Published 12 July 2018

Matt Farrell: Break Notices in Scotland - actual receipt and terms of the notice

Break notices are precarious enough, but some recent cases have suggested that there are occasions when actual receipt of a break notice has to be demonstrated for it to be effective. That can create a significant hurdle for the sender, writes Matt Farrell.

Published 11 July 2018

Blog: The legislative supremacy of government

At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post Professor Stephen Tierney addresses a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a deeper realignment of institutional power within the constitution and a consequent diminution of Parliament’s legislative power.

Published 4 July 2018

Blog: Private Residential Tenancies – time to update your bookmarks!

With Scotland’s new tribunals structure now progressively coming into operation, lawyers and other interested parties might do well to start updating their internet browser favourites so as to keep up to date with the latest news, write Mitchell Skilling and Douglas Bain.

Published 29 June 2018

Blog: Plot thickens on returning abandoned land to use

Kirsty Glennan, senior solicitor at Burness Paull, writes on impending changes to Scottish land law.

Published 26 June 2018

Blog: Partnership of Theseus

Frances Ennis looks at a recently issued judgment of the the Inner House in a case that has been closely followed for some years by many of Scotland’s law firms and has implications for the wider business community.

Published 22 June 2018

Blog: Red letter day for Christian Louboutin

Luxury French shoe designer, Christian Louboutin, appears to be close to winning a five-year legal battle to enforce the trade mark of his brand’s distinctive red soles. Last week, the Court of Justice of the European Union (CJEU), ruled in favour of the designer after he sought to prevent Dutch high street retailer Van Haren from selling its own version of red-soled high-heeled footwear. Colin Hulme and Shannan Wilkie review the case.

Published 21 June 2018

Blog: Home sweet home

Lesley Murphy looks at the law around remote working.

Published 19 June 2018

Blog: Battling Brexit – challenge over revocability of Article 50 notification rejected

Graham Horn recounts the latest legal episode in the battle against Brexit.

Published 15 June 2018

Blog: 'Independent contractor' wins worker status

Katy Wedderburn and Rhea McKenzie analyse yesterday's employment judgment from the Supreme Court.

Published 14 June 2018