Features

Neil Stevenson welcomes the Regulation of Legal Services (Scotland) Bill, but ignores or fails to notice that the Scottish government is proposing a legal services regulator to take control of the entire legal profession. That would include entry to it, standards of education, discipline within and

At a cursory glance, the minimum legal requirements for producing Scotch Whisky appear to be deceptively simple. The spirit can only be made in Scotland from just three natural ingredients – water, yeast and cereals – and must be matured in oak casks for a minimum of three year

Stuart McWilliams discusses the upcoming increases in UK visa fees, the impact on applicants and employers, and suggests strategies to minimise the financial burden of these changes. They say the only certain things in life are death and taxes, but most immigration lawyers will tell you that rising

The Scottish Law Agents’ Society has responded to Holyrood's consultation on the Regulation of Legal Services (Scotland) Bill. A condensed version of the response is reproduced below. We are deeply uneasy about why the Scottish government feels that it is desirable, appropriate or necessary to

The Flexible Working Bill will likely see more employees become aware of the right to make flexible working requests and the volume of these requests will increase, Laura Salmond suggests. On 29 July 2023, the Employment Relations (Flexible Working) Bill received Royal Assent. These amendments

Andy MacDonald examines recent case law on issues relating to witness evidence. In the recent cases of Henderson vs. Benarty Medical Practice and Brown vs. Sestras, the issue of witness evidence has benefitted from further debate.

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

When President Higgins last month made an unprecedented political intervention in defence of Irish neutrality, Conor Gallagher must have been jumping for joy. The Irish Times correspondent's new book – Is Ireland Neutral? The Many Myths of Irish Neutrality – could not have been better ti

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.

From 1678, a handful of perjurers claimed that the Catholics of England planned to assassinate the king. As a result of their disgraceful work between November 1678 and July 1681, at least 17 Catholics, lay and clergy, died as traitors on the scaffold, and not in the easiest of circumstances. Many o

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