Opinion

Nicola Ross discusses two court procedures unique to Scotland which can be beneficial to parties. Scottish court procedure can often seem like a dark art to many practitioners located beyond Scotland. To be fair, sometimes that can be for good reason! However, there are ongoing efforts to modernise

Digby Brown recently successfully challenged an argument advanced by a defender regarding the application of section 8(4) of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (‘the 2018 Act’). Sections 8(1) and (2) of this Act contain important provisions restrict

Angela Robertson discusses the case of Alan King v Black Horse Limited and Park’s (Ayr) Limited. The Sheriff Appeal Court in Edinburgh has recently (January 2023) decided an appeal on whether a hirer under a hire purchase agreement is entitled to rely upon their rejection of a motor vehic

The aim of LGBT+ History Month 2023’s theme, ‘Behind the Lens’, is to shine a light on and celebrate the contribution of members of the LGBT+ Community to television, cinema and film. Throughout the month, members of Shepherd and Wedderburn’s LGBTA+ Focus Group will produce a

The latest Confederation of British Industry’s (CBI) employment trends survey revealed three-quarters of UK business are struck by labour shortages and industries across the UK have reported significant issues with recruitment. Exacerbated by Brexit, the end of free movement and the impact of

Attention has recently focused on policy and practice concerning accommodation of transgender prisoners in Scotland.  However, the role of Article 3 of the European Convention on Human Rights (ECHR) has been little discussed in this context. Accordingly, this post first addresses the general c

As Rishi Sunak arrives in Belfast for talks with political leaders on the Northern Ireland Protocol, Anurag Deb here examines the UK Supreme Court's latest Brexit ruling and what it means for the constitutional statutes doctrine. Anyone who is from Ireland, or who has witnessed a real (as opposed to

Nicola Edgar compares the approaches to awards for damages following wrongful death between Scotland and the rest of the UK. For a number of years in Scotland, the appropriate level of damages which should be awarded to relatives following the wrongful death of a loved one has been the subject of mu

Tom Stocker details developments in the law surrounding fraud and related offences. A new offence of failing to prevent “fraud, false accounting or money laundering” is to be introduced into UK law, security minister Tom Tugendhat has confirmed.

The case of Muir Construction Limited v Kapital Residential Limited [2017] CSOH 132 served as a timely reminder of the importance for parties to a construction contract to understand the role of pay less notices. As economic uncertainty continues, maintaining cashflows and ensuring the correct amoun

Prior to the British Nationality Act 1981, any child born in the UK was automatically a British citizen, writes Nikki Weir. The 1981 Act, which came into force in January 1983, introduced the requirement for a child born in the UK to have at least one parent who is British or ‘settled’ a

A recent Sheriff Court decision has reminded employers that, when arguing an employee was contributory negligent for their accident, clear evidence that the employee was appropriately trained can be extremely useful, write Alison McAteer and Rebecca Neilson. The court ruled in Paul Farley v The Scot

The theme for this year’s LGBT+ History Month is ‘Behind the Lens’. Its aim is to celebrate LGBT+ people's contribution to the production of film and cinema from ‘behind the lens’. Roles that are celebrated include directors, producers, writers, score composers, artists

Gwyneth King recently published an opinion piece claiming to set out some facts about the Equality Act as it relates to gender recognition reform. Almost everything she wrote is wrong, writes Dr Michael Foran. King argues that the default position in the Equality Act is that treating a trans woman a

Sandra Cassels discusses the recent changes to the law of prescription and their impact on latent defects in construction projects. The expiry of claims for damages in Scotland is regulated by the Prescription & Limitation (Scotland) Act 1973. Section 6 of the 1973 Act provides that claims