Opinion

In recent years, three cases before the Sheriff Appeal Court have clarified the powers of a sheriff where a court action is undefended, and have ruled that the sheriff’s power of inquiry is extremely limited. The rulings are significant for creditors engaged in volume litigation – partic

The barbarity of the invasion of Ukraine is not confined to the loss of life and limb, nor to the displacement of millions of citizens. Cultural objects, including large libraries and archives, are especially vulnerable. The Hague Convention for the Protection of Cultural Property in the Event of Ar

Environmental, social and governance (ESG) considerations have taken on an increased significance in recent years, and the pace of change is accelerating. ESG performance is becoming an additional standard by which businesses are being judged by consumers, investors and other stakeholders. With incr

Alice Minick believes the Court of Session case Van Oord UK Ltd v Dragados, which overturned an adjudicator's decision on the grounds of a breach of natural justice, provides an interesting opportunity to examine a successful challenge of an adjudicator's decision. It is unusual these days

The Scottish government’s new Strategy for Economic Transformation for the next decade has been drawn up. The strategy focuses on the three areas of promoting investment, start-up business ventures and new green industries, and its goal is to see the Scottish economy outperform economic growth

Hamish Lean discusses how farmers in Scotland have been outbid by the forestry industry, as the value of hill land rises. Is productive agricultural land being lost to forestry in the race to meet net-zero? There has been concern within the agricultural industry for some time that this is the case.

Iain Drummond and Lindsay Robinson comment on impending changes to the prescription regime. Prescription is the legal rule in Scotland that prevents a person from pursuing their legal rights to a claim after a certain time period has elapsed (the equivalent in England is limitation). A claim ‘

The Auditor General’s recent report on the construction of two CalMac ferries identifies various failures. One critical aspect is the breakdown of relationships between two of the main protagonists, CMAL, the Scottish government-owned ferry purchasers, and FMEL, the ferry builders, alongside f

Ryan Macready, senior solicitor at Macdonald Henderson, discusses the intricacies of buying and selling accountancy practices. The majority of Scottish accountancy firms are owner-managed independent general practices, with a local client base. When approaching retirement age, these owner-managers w

David J Black reminds the powers that be of the separation of powers. It goes without saying that all those who are in the business of dealing with the intricacies of legal process enjoy harvesting the ripened fruits of historic precedent. These can go back a long way, but not often as far as the 5

Thompsons Solicitors will be at the Supreme Court on Thursday to make a case for stronger consumer protection laws. Decisions by English courts over the years, including the Court of Appeal, have created a loophole that allows companies to create and sell dangerous products with impunity.

It was Robert Burns who wrote: "Facts are chiels that winna ding, and downa be disputed." He was of course writing about royalty in his 1786 poem, A Dream. Burns was most certainly not thinking of future Scottish legal expenses when he penned these words! Yet as with much of the Bard's work, there i

Detailing analysis in a quarterly report from Landmark Information Group, Richard Hepburn, managing director of Millar & Bryce, delivers a snapshot of the Scottish property market. 2021 was a challenging year for the Scottish property industry, so most of us were cautious in our hopes

Law enforcement agencies probing suspected financial crimes have the right to additional time when necessary to properly investigate, a Scottish court has ruled. The landmark decision handed down by the Sheriff Appeal Court underlines the emphasis placed by courts on “allowing law enforcement

New approaches to protecting and restoring nature are the theme of recent publications by NatureScot and the (UK government) Department for Environment Food & Rural Affairs, writes Neil Collar. The availability and shortcomings of legal tools are key factors in achieving those objectives.