In a five part series for Scottish Legal News this week, BTO partner Cat MacLean tells the story of an epic legal battle with the Clydesdale Bank. She explains the reality of litigating against a huge opponent with bottomless pockets, the cost and funding of litigation and the need to find leve
Features
In a five part series for Scottish Legal News this week, BTO partner Cat MacLean tells the story of an epic legal battle with the Clydesdale Bank. She explains the reality of litigating against a huge opponent with bottomless pockets, the cost and funding of litigation and the need to find leve
The Scottish Law Commission (SLC) has proposed a major change to the rules that govern the termination of leases of commercial property in Scotland, giving landlords and tenants greater flexibility. In a new report the SLC concluded that the Scots law doctrine of “tacit relocation”
Jennifer Jack says that she was an early speaker. “My mother tells me that one of my first words was ‘organised’ – which perhaps set me on the path to becoming a lawyer,” she smiles. It’s certainly a quality that her job – as the partner leading Ha
In October 2022, the Independent Chief Inspector of Borders and Immigration (ICIBI), David Neal, published an 84-page report which looked at various aspects of indefinite leave to remain applications (ILR) which were processed between September 2021 and February 2022. Given the Home Office pledge to
This week is Adoption Week 2022 in Scotland. It is an annual event, which celebrates adoption, and is funded by the Scottish government. The theme of this year's event is "adoption: the connection with past, present and future families." Adoption allows individuals a unique pathway to parenthood, an
Some 20 million casks lie maturing in warehouses across Scotland at any time. Currently security can be taken over these whisky casks either by a floating charge or by a common law pledge. But the Moveable Transactions (Scotland) Bill (MTB) provides a new way of taking effective fixed security over
Samuel Mailer discusses the key role Scotland can play in development of the global renewable energy sector and how the north-east can capitalise on a new 'gold' rush. Once again, the eyes of the world are on the latest COP event. The location may have moved from Scotland to Egypt, but many headline
During Pro Bono Week UK, the University of Strathclyde Law Clinic is seeking to recruit new volunteer solicitors to help at its fortnightly Initial Advice Clinics. The Initial Advice Clinics, known internally as IACs, represent one of three advice streams provided by the student-led University of St
The Gender Recognition Reform (Scotland) Bill does not solve existing tensions (which remain unresolved in the courts) between the Gender Recognition Act 2004 (GRA) and the Equality Act 2010 (“the EqA”), writes barrister Amanda Jones. The bill will introduce new conflicts with the EqA. T
On October 11, 2022, the Court of Session found against the Scottish Legal Complaints Commission (SLCC), not for the first time. Yet the cost of this latest litigation will be borne not by its lay members but by the lawyers so inadequately represented by it, writes Andrew Stevenson. The SLCC is a cr
Lynne Gray and Lynne Moss consider the new rules that have been created by the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (FPA(S)A 2022) and the offences and penalties for breach of these new rules. Bonfire Night is fast approaching: that time of year where the loud bangs of fireworks ca
Susie Mountain takes a look at a new report on cohabitation. The Scottish Law Commission has published its Report on Cohabitation. The report considers how the existing law governing the rights of cohabitants on separation might be revised and follows a lengthy consultation process with solicitors,
Liam McMonagle takes a look at the IP issues surrounding Amazon's $1bn show, The Rings of Power. Like many people, I’ve enjoyed watching The Rings of Power on Amazon Prime after a hard day’s work. However, as an intellectual property (IP) lawyer, it’s hard not to recognise th
Simon Allison, in infancy fearful of homicidal maniac and doyen of the Dark Side, Darth Vader, now truly appreciates how the Sith lord – a force of personality – led from the front. As a five-year old boy, an older child doing the mouth-breathing noises of Darth Vader in the playground w