Features

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

There is an aphorism to the effect that history is past politics, and politics is present history. In this study, journalist Phil Tinline considers some of the events, over the first century of mass democracy, when politics lurched from crisis to crisis. The aim is see how this history of political

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

The brutal deaths of Lord Frederick Cavendish and Thomas Burke, Chief Secretary and Permanent Under-Secretary for Ireland respectively, took place on Saturday 6 May, 1882 in Phoenix Park, Dublin. Both were strolling together after a busy time following their recent appointments. The murders were car

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

In 2019, Gillian Treasurer was on the cusp of moving from Wales to take up the coveted role of Scottish Rugby Union’s legal head when she got news that turned her world upside down. “For about a year I’d been feeling absolutely exhausted and quite ill and the day before I left Wale

The criminal trial of Marshal Philippe Pétain in Paris in 1945 was that of the highest ranking military officer accused of treason, in having betrayed his country by collaboration with the enemy. The contrast in personal fortunes was extreme: Pétain had, as supreme commander of French

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.

The Inner House of the Court of Session has issued an important decision in the appeal of Glasgow City council v X. It relates to the duty on local authorities to provide accommodation for homeless persons – that the duty to provide temporary accommodation is less onerous than the duty to prov

Housing minister Paul McLennan discusses the importance of the short term let licensing scheme in Scotland, looking at its benefits to tourism and local economies, and addressing potential safety and housing availability risks. A few weeks ago, I had the pleasure of spending a weekend celebrating my