Opinion

151-165 of 167 Articles
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In December 2021, the Scottish government published its terms of reference for the Scottish Covid-19 inquiry, to be chaired by Scottish judge, Lady Poole. The overall aims of the inquiry are to investigate the strategic handling of the Covid-19 pandemic in a number of areas in order to establish the

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A new association has been launched by the Faculty of Advocates to provide a supportive and accessible platform for newer members of the bar. Its first president, Antonia Welsh, explains the details. The junior bar association will focus on the needs of advocates called five years ago or less a

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Benjamin Bestgen takes a philosophical look at corruption. In November 2021, Prime Minister Boris Johnson felt the need to tell the world’s media at the COP26 conference that the UK was not remotely a corrupt country. The PM took this step as both he personally and his Tory party are, not for

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Iain Drummond considers a recent case that provides lessons for the construction sector concerning the enforcement of adjudicators’ decisions by companies in liquidation. The recent case of John Doyle Construction (JDC) v Erith Contractors Limited provides two lessons for the construction sect

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As businesses return from festive slumber, it’s an opportune time to consider how they can meet expectations on diversity and inclusion (D&I) matters in 2022. Some clients have expressed frustration at the lack of progress in terms of reaching their D&I objectives despite the substanti

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Particular complications can arise in claims involving multiple parties, not least when some of those involved wish to reach a settlement but others do not. Three recently issued judgments have highlighted some of the pitfalls to be avoided. In Loretto Housing Association Ltd v Cruden Buildings and

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If nothing else is proved, Giuffre v Prince Andrew, Duke of York will at least have shown the public’s fascination with the private lives of royalty, writes Andrew Stevenson. This is not new. It is 200 years since the death of Queen Caroline. Born in the German principality of Brunswick, Carol

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What is admissible in evidence in our ongoing trial of the past? The Arab slave trade? Modern slavery across Asia? Or are rules and consistency passé? Does Lady Justice need scales or will the sword suffice? Edinburgh Council, for example, remains coy about its plaque in Abercromby Place that

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An interesting little conundrum for those with too much time on their hands. The flash floods in Edinburgh’s fashionable Stockbridge area earlier this year did significant damage to property, but thankfully, in contrast to similar events in Germany, no lives were lost. For this we may be grate

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In the final part of his medico-legal series, David J Black explores how Covid-19 has thrown into relief the maltreatment of ME/CFS victims. The boon to life sciences afforded by the pandemic and the huge sums invested in researching Long Covid have left the psychogenic hypothesis a sinking shi

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In part three of his series on the ME/CFS saga, David J Black examines the durability of medical dogma in the face of facts and the risk of a new psychogenic orthodoxy prevailing with a generation of Long Covid sufferers, whose malady bears a striking resemblance to ME/CFS. See also: parts one and t

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David J Black looks at the shameful treatment of ME/CFS sufferers in the second part of his medico-legal series. Read part one here. Before entering the realms of Fraser v NICE one or two other factors have to be considered. The first was the role of the generality of a UK media which was almost ent

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David J Black explores the dangers of orthodoxy in the first in a four-part medico-legal series. "Orthodoxy" wrote Bertrand Russell "is the death of intelligence". Before placing this in a medico-legal context with specific reference to the 2009 case Fraser and another v The National Institute of Cl

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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

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Andrew Stevenson reflects on a literary-cum-legal encounter between two of Scotland's greatest writers.  Two hundred years ago two of Scotland’s most eminent men of literature met in court. One of them, James Hogg, the self-styled Ettrick Shepherd, is best known for his novel The Private

151-165 of 167 Articles