Opinion

The recent case of Paul Frame v Abellio Scotrail [2024] Limited involved many complex issues including foreseeable risk of injury, breach of duty of care, and causation, all of which require to be established for a party to succeed with an action for damages for psychological injury, writes Val Pitt

Scots lawyers have long made the case for overhauling the legal aid system but, with the Scottish government agreeing only a small number of fee uplifts since it commissioned a review of the sector close to a decade ago, many have come to believe that their pleas are destined to fall on deaf ears. W

Sally Clark provides an update on the latest action being taken against Glencore under the UK's bribery legislation. The global mining giant Glencore was back in the news last week with the announcement from the Serious Fraud Office (SFO) that it has charged five of its executives, who are now due t

A landmark legal ruling which has been pivotal in shaping and safeguarding the Harris Tweed industry celebrated its 60th anniversary recently. The authority’s legal advisor Colin Hulme summarises the importance of the case and ruling. The name “Harris Tweed” can only be used t

Stephen Dick calls for better collaboration to boost the number of newbuild completions in Scotland and hopes the new Labour government at Westminster will provide a potential positive influence. While the impact will largely be seen south of the border, the new Labour government has promised t

With the Paris Olympics having reached their conclusion, Gillian Mawdsley reflects on a connection between the law and the Olympics. How many of us have heard of Carl Ludwig “Luz” Long?

Arthur Cox NI partner William Curry considers a recent English court ruling highlighting the importance of precise legal drafting in ensuring there is no scope for ambiguity.  For anyone involved in the drafting, negotiation and implementation of contracts, it is vitally important that all part

Andrew Stevenson takes a look back at an important and high-profile property law case from California. This year saw the 90th birthday of Frankie Valli. A superb falsetto and tenor singer, both as a solo performer and as frontman of the Four Seasons, the artist formerly known as Francesco Castellucc

In this article, Jenny Nicholson-White considers the Supreme Court decision in Paul & Anr v Royal Wolverhampton NHS Trust in the context of labour during which a baby dies in utero due to medical negligence and asks: When might a medical professional owe a duty of care to someone who is not a pa

Michael Cox and Cameron Knaggs discuss a new and much-needed form of security in Scotland. Modern day businesses can have various significant moveable assets that they would like to utilise for the purpose of raising bank finance. For example, many technology businesses are rich in intellectual prop

New PEO rules still fall foul of the Aarhus Convention, writes Ben Christman.  The Scottish Civil Justice Council (SCJC) published an amendment to Scotland’s Protective Expenses Order (PEO) rules on 28 June 2024. This amendment followed repeated criticism of the cost of litigation over th

Irish lawyer Barry Scannell provides a comprehensive guide to the EU's new AI Act. Today, 1 August 2024, marks a watershed moment in the regulation of artificial intelligence as the EU Artificial Intelligence Act officially enters into force.

With two billion users globally, the use of WhatsApp at work is probably here to stay but, as former Prime Minister Boris Johnson and other leaders have discovered, its use is not without its perils, writes Robin Turnbull. The Covid public inquiry brought a host of concerns into sharp relief in

The new Labour government has underscored the transformative potential of AI in its manifesto, particularly highlighting its use in enhancing diagnostic services within the NHS, writes Dr John Zerilli. While the promise of AI in revolutionising the public sector is appealing, it is crucial to p

A Scottish appeal court decision on time bar should provide a stark warning for the construction sector, argues Michael Collins. Five years. That’s how long a party has to make a claim for damages under the Scottish law of prescription (time bar). But when, exactly, does that clock s