Opinion

Scotland could turn its vision for ethical regulatory principles into a competitive advantage, writes ​Chris Elwell-Sutton. According to the International Monetary Fund’s latest report, AI could boost the UK’s uninspiring productivity by up to 1.5 per cent annually. Analysts estimate t

Andrew Constable discusses the merits of alternative dispute resolution. In a Scottish government paper published last month, Justice in an independent Scotland, the government explains its “vision of a just, safe, resilient Scotland”. The paper references another publication, The Vision

As Scotland considers legislation on 'ecocide', Dr Filippos Proedrou and Dr Maria Pournara highlight the shortcomings of a new EU law. The EU recently passed a law that criminalises actions “comparable to ecocide”. It’s a revolutionary legal development — the first law of its

Amid continuing concern over the poor quality of legislative draftsmanship in the UK, Liam Kerr, shadow cabinet secretary for education and skills, raises the issue of how Scotland's own Henry VIII clauses, framework bills, are used at Holyrood to circumvent legislative scrutiny. What does an incumb

Neil Macdonald takes a look at plans to introduce an offence of ecocide into Scots law. In November 2023, Monica Lennon MSP launched the public consultation on her proposed member’s bill to introduce ecocide law in Scotland. Although Scotland does have legislation intended to protect the natur

When asked about the impact that artificial intelligence (AI) is having on influencer marketing, my first thought was to speak to an interested party. Seeing as I don't know any influencers personally, I decided to ask an AI chatbot, writes Steph Innes. "Write a short article on the legal issue

The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 introduced important changes in relation to the way expenses are dealt with in personal injury litigation, writes Sarah Ennis. An unsuccessful pursuer is no longer responsible for meeting their opponent’s expenses,

Following their initial introduction in Glasgow last June, Low Emission Zones (LEZs) are about to take root across all of Scotland’s key city centres. From later this week, we will see them go live in both Dundee and Aberdeen before being brought into effect in Edinburgh a month later, writes&

Tony Lenehan KC, president of the Criminal Bar Association, explains how the Scottish government could help complainers right now. On Tuesday afternoon, just as the Victims’ etc Bill met with a poorer reception in Holyrood than the Scottish government had hoped, I was at Glasgow University par

Kieran Thrall and Kate Ross explain a determination by the Outer House that notification of loss and expense claims is a condition precedent to entitlement and highlight its implications for the construction industry.

The issue of compulsory mediation is exercising legal minds on both sides of the border and, as the appetite for change in Scotland increases, the matter of its feasibility or desirability becomes ever more relevant, writes Molly Somerville. Mediation is an assisted negotiation, where parties v

Scotland's earnest desire to be noticed by the world has been fulfilled. But, as the adage goes, 'be careful what you wish for'. David J Black reflects on the chaos of the past few weeks, as we put into practice the 'progressive' ideas that others have merely preached. Says Police Scotland: "The Hat

At the end of January 2024, the Intellectual Property Enterprise Court (IPEC) delivered its judgment in the action raised by Thatchers Cider Company Limited against Aldi Stores, finding that Aldi had not infringed Thatchers’ trade mark in relation to its cloudy lemon drink and also that it had

After much delay, the Assisted Dying for Terminally Ill Adults (Scotland) Bill was published on 27 March 2024. Next, it will be scrutinised by a Holyrood committee and voted on by MSPs, probably later this year, writes Dr Mary Neal. Much can (and will) be said about whether this bill is safer for pa

All personal injury actions raised after 30 June 2021 are subject to Qualified One-Way Cost Shifting or QOCS. What are the implications of this for a pursuer’s case? Chloe Neil explains. The law in Scotland was changed following the introduction of the Civil Litigation (Expenses and Group Proc