Opinion

Is an employer liable for “grooming” carried out by a work experience student during and following a placement? Dawn Robertson looks at a recent English case. Employers are, generally speaking, legally responsible for the wrongful, whether negligent or deliberate, actions of their employ

Digby Brown has succeeded in challenging a defender’s argument to have Qualified One-Way Cost Shifting (QOCS) disapplied following the alleged ‘constructive abandonment’ of the pursuer’s claim against the first defender, writes Elise Camilleri-Brennan. The pursuer, a sel

Irish barrister Ruth A FitzGerald SC considers the application of international humanitarian law to the current conflict between Israel and Hamas. The question being considered here is as to the way fighting is being conducted between Israel and Hamas, i.e., the law of war, and not the question of t

Hamish Lean provides an update on the rural property market. The Scottish Land Commission has recently published the Rural Land Market Insights Report 2023, which provides an in-depth analysis of the landowner and buyer motivations over the 2023 period whilst also giving insight into emerging rural

There is a significant unmet legal need in Scotland, writes Neil Mackenzie KC. In a previous article I have described the bewildering patchwork quilt of organisations providing or funding legal advice and representation, including solicitors, law clinics and advice centres.

The dictionary notes that ‘innovation is crucial to the continuing success of any organisation’. As a leading law firm, recently shortlisted in the Innovative Firm of the Year category at the Legal500 Scotland Awards, Shoosmiths is constantly embracing – and investing heavily &ndas

Lesley Grant and Kimberley Tochel flag risks for employers following a recent ruling. An employee claiming disability discrimination has been awarded more than £134,000 in compensation. The recent Employment Tribunal judgment in Brosnan v Coalo Limited underscores the associated risks of using

Laura Kyne explains the details of the SQE and how best to prepare for it. I’m a senior solicitor within the Burness Paull employment team, originally qualified in Scots law. Whilst employment law is broadly similar across Scotland and England and Wales, I nevertheless decided to sit the Solic

Tony Lenehan KC points out that the purpose of juryless trials, despite protestations to the contrary, is to raise the conviction rate in rape cases. Readers of SLN are likely tired of articles from me and my colleagues about the damage removing juries will certainly do to our criminal justice syste

For only the second time, the Intellectual Property Court of the Court of Session has heard an appeal from a decision of the UK Intellectual Property Office (IPO), write Colin Hulme and Amy McSkimming. The IP Court re-affirmed the applicable standard of review. Burness Paull LLP was instru

John Sturrock KC continues the discussion on new civil court rules. I was interested to read Andrew Stevenson’s article in these pages in which he raised concerns about proposed changes to court rules and, in particular, the apparent erosion of “the principle that litigation in Scotland

The recently decided – and widely reported – case of Sean Hogg has had so many twists and turns that it is not altogether easy to unravel what happened or what (if any) implications it has for future prosecutions. This led – when emotions were clearly running high – to the ma

Reports suggest that First Minister Humza Yousaf wants to change the law so that the only short prison sentences imposed will be on violent or sexual offenders, writes Douglas J. Cusine. Were the first minister actually visit a sheriff court (perhaps even more than once), he might realise the u

Jim Diamond discusses a recent Supreme Court case on litigation funding. Although in this article reference is made to the UK, it is not intended to cover Scotland, which has its own rules about funding agreements. The decision of the court does not affect agreements made under Scots law or funding

In recent years, there has been an increase in discussion and awareness of the impact of the menopause in the workplace, writes Katie Hendry. Last year, the charity Wellbeing of Women launched the ‘Menopause Pledge Workplace Campaign’. The pledge indicates the employers&rs