Opinion

Robin Turnbull writes about the recent legal victory for trade unions in the UK, making it illegal for employers to use agency staff to cover the work of striking employees, and discusses the potential implications. Following a recent legal challenge by 13 trade unions, it is now illegal for em

Andy Drane looks at the emerging trend of large corporations partnering with landowners to finance carbon offset projects as part of their efforts to reach net zero emissions, and discusses the opportunities, risks, and considerations involved for the landowners. Most landowners will fully recognise

Sheriffs across Scotland make decisions every day in contact/residence cases that will affect the lives of children not just for this month or this year but will influence their relationships for the rest of their life. Their decisions are made ‘in the best interests of the child’. But h

As is my wont, I will try to avoid ambiguity – the Victims, Witnesses, and Justice Reform (Scotland) Bill is, in part, dangerous and not just because some of the drafting is appalling. I will not comment on the whole bill but on a few aspects.I am not suggesting that there is no roo

In the case of Kirkwood v Thelem Insurance, 2023, the Inner House of the Court of Session shone a light on the recoverability of English solicitors’ costs for a litigation conducted in Scotland before the Court of Session, write Mark Hastings and Gavin Aitken.

Life in plastic, may not always be fantastic… The Barbie® brand faces a trademark dispute just as the blockbuster movie of the year is released, writes Amy McSkimming. The makers behind the Barbie® doll filed a notice of opposition to the U.S. Patent and Trademark Office challeng

In July 2018, the Judicial Protocol Regulating Direct Judicial Communications between Scotland, and England and Wales, in Children’s Cases was first published. The 2018 Protocol was accompanied by a helpful and detailed Handbook on family law relating to children in Scotland and in England &am

Kate Darracott looks at the proposed reforms by the Financial Conduct Authority (FCA) to the UK's listing rules aimed at making UK stock markets more attractive to businesses seeking to raise capital, and how they may make the UK listing regime more competitive, particularly for early-stage, high-gr

Marcus Di Rollo discusses housing issues in Scotland, from a shortfall of homes and rising rents to the impact of government policies on landlords and the construction of new homes. In recent weeks, we’ve heard about a handful of city centre properties in Glasgow being turned into student acco

There is an epidemic happening on Scotland’s roads. Road defects, especially potholes, have been blamed for 15 deaths and over 700 injuries since 2013 according to figures obtained from Police Scotland. Any death on Scotland’s roads is a tragedy, but the occurrence is even more tragic wh

Michael Upton, FCIArb, advocate, mediator & arbitrator, discusses an aspect of the Scottish Law Commission’s Discussion Paper No. 175, on Heritable Securities: Non-monetary securities and sub-securities, to which the commission is now seeking responses. As you may know, in the context of h

The Supreme Court has handed down its decision in the appeal of McCulloch & Ors v Forth Valley Health Board [2023] UKSC 26. The court was asked to decide on the extent to which a doctor is required, under a duty of care owed to a patient, to inform the patient about possible alternative treatmen

Elizabeth Rose and Craig Christie assess the Supreme Court’s decision in McCulloch v Forth Valley Health Board and the impact of the decision on one’s consent to medical treatment. The Supreme Court has finally answered the question on everyone’s lips since the landmark decision in

The English and Scottish courts have repeatedly confirmed that there are very limited grounds upon which an adjudicator's decision will not be enforced. The case of J&B Hopkins Ltd v A&V Building Solution Ltd [2023] EWHC 301 (TCC) provides a further illustration of the English court's approa

Colin Hulme details a recent Sheriff Appeal Court case on 'passing off'.  Passing off can happen when a company or person seeks to pass off their goods or services as being the same as or associated with a particular brand and seek to capitalise on that brand’s goodwill.