Articles



Bruce Wood: Can Scotland really be the best place to do business?

Bruce Wood reflects on the slow pace of change in updating the moveable transactions regime.

Published 6 November 2018

Matthew Scott: ECtHR blasphemy law judgment is dreadful

The BarristerBlogger, Matthew Scott, takes a comprehensive look at the European Court of Human Rights' recent blasphemy judgment and finds it severely wanting.

Published 31 October 2018

Alan McIntosh: The Debt Arrangement Scheme (improved formula)

The Scottish Debt Arrangement Scheme has jokingly had its acronym, DAS, compared with a famous washing powder (Daz), the idea being it washes away debts, which is appropriate. Like many a washing powder, it has been through numerous re-launches, with each promising to be better than the last, writes Alan McIntosh.

Published 29 October 2018

Val Surgenor: Court of Appeal hold Morrison’s liable for data breach

Val Surgenor examines the recent Morrison's case from south of the border.

Published 24 October 2018

Jim Herd: Personal injury claims – employer's responsibility at the Christmas Party

To what extent is an employer vicariously liable for the wrongful actions of its staff which take place outwith the usual ambit of daily workplace activities? Jim Herd looks at a recent English judgment on the issue.

Published 19 October 2018

Opinion: Civil cases for rape are access to justice, not destruction of justice

The Scottish Women’s Rights Centre (SWRC) and JustRight Scotland (JRS) are deeply concerned by the publication of the article in this week’s Herald: “Stuart Waiton: Scots men are at risk of being branded ‘rapist’ for political reasons” and subsequent blog in Scottish Legal News: “Do civil rape cases mark 'destruction of justice'?”.

Published 18 October 2018

Eamon Keane responds to Dr Stuart Waiton’s opinion column on rape and civil law

Solicitor Eamon Keane responds in a personal capacity to yesterday's piece by Dr Stuart Waiton. The views expressed are his own.

Published 17 October 2018

Blog: Do civil rape cases mark 'destruction of justice'?

Dr Stuart Waiton looks at the issue of rape being examined in the civil court following vindication of an accused at trial.

Published 16 October 2018

Louise Gallagher: Slow down, you move too fast

With a bill introduced to the Scottish Parliament to reduce the general speed limit from 30mph to 20mph, Louise Gallagher looks at the legal implications of this and other attempts to protect or benefit “vulnerable road users”.

Published 15 October 2018

Joanna Fulton: Brexit – trading in a no-deal scenario

If the UK and the EU fail to agree the terms of our withdrawal from the EU prior to March 2019, we will find ourselves in a “no-deal” or “cliff edge” scenario, writes Joanna Fulton.

Published 12 October 2018

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