Opinion

Practitioners and medical professionals alike will be interested to note the recent judgment of the Sheriff Appeal Court in McCallum v Morrison, 2023 in which the pursuer’s appeal against the dismissal of a psychiatric injury claim following a dentist’s failure to follow adequate infecti

It is becoming increasingly common for businesses to face civil penalties of around £1m or more for breaching UK export control laws. Export control breaches are criminal offences, but the 1979 Customs and Excise Management Act allows HM Revenue and Customs (HMRC) to "compound" offences and of

Angus MacLeod, a solicitor who specialises in the spirits industry, has spoken about the challenges currently being faced by the Scotch whisky sector after conducting an analysis of the industry’s production, sales, and global reputation, and discussed the strategies that can be employed to ov

Many urban readers will be unfamiliar with the idea of Muirburn and may indeed be shocked to learn that planned burning of heather and grass moorland occurs every year across rural Scotland, particularly in light of the recent spate of catastrophic wildfires. However, this practice has for centuries

Ronnice Clancy KC takes an expert look at the Rwanda case. There were 55 counsel instructed in the recent English Court of Appeal case in which the UK government’s Rwandan Asylum scheme was held, on a 2-1 split decision, to be unlawful. No wonder the court’s 161-page judgement is a chall

On Thursday 29 June 2023, the Crown Office’s request to extradite Richard Sharples for serious offences – alleged to have happened in Scotland in September 2021 – called before Mr Justice Paul McDermott in the High Court of Ireland, writes Thomas Ross KC. The application was oppose

The Scottish Sentencing Council has recently produced a report advocating shorter prison sentences even for some serious offences. There would be more emphasis on community-based disposals, such as community payback orders which used to be called community service orders. The report suggest the poss

Stefanie Johnston, Iain Franklin and Imogen Webb from Ince & Co's London and Scotland offices consider TUI Ltd v Griffiths (Supreme Court Appeal from [2021] EWCA Civ 1442), given its implications for UK-wide practice. The Supreme Court has heard an important case on the courts’ approach to

It could have been a rerun of Clochemerle, that droll 1970s Simpson and Galton series about the hotly disputed provision of a public pissoir in an ultra respectable French village. In 2021 Miranda Dickson inherited her three story townhouse in Edinburgh’s Drummond Place from her parents, Ian a

Chris Rae discusses the potential for Scotland to replicate Norway's success in the data centre market by leveraging renewable energy sources, reusing waste heat, attracting investors, and addressing infrastructure and planning barriers to drive economic growth and enhance environmental sustainabili

Pride month is about acceptance, equality and celebrating the work of LGBTQ+ people. Employers should take steps to implement LGBTQ+ initiatives all year round and not just one month of the year. However, Pride month is a good time for employers to consider the employment law issues affecting LGBTQ+

Cash is the obvious asset that gets ‘misappropriated’ and is certainly the most common when we’re investigating wrongdoing or fraud in an organisation. But it’s not always simply cash that gets taken when a business gets defrauded, sometimes the assets are a lot more interest

Dr Michael Foran responds to a critique of his commentary on some upcoming cases. Robin White has kindly offered a response to a recent article I wrote about two upcoming cases concerning the meaning of sex within the Equality Act. I welcome the caution concerning the dangers of analysing the law fr

The recent arrest of former First Minister Nicola Sturgeon predictably provoked widespread discussion of the Contempt of Court Act – as it applies in Scotland, writes Thomas Ross KC. It came as a surprise to many that the provisions of the Act were triggered so early in the process. This &ndas

Barrister Robin White, of Old Square Chambers, responds to a recent article on the Equality Act. I read with interest the article Equality Act and sex – important Scottish cases on the horizon by Dr Michael Foran of Glasgow University. Some of his analysis I agree with but much I disagree with