Features

A successful ship arrest in Scotland requires consideration of various key factors coming together and an element of good timing. When an instruction to arrest is received, moving quickly is often important, but should never be at the cost of accuracy, write Duncan MacLean and Sarah Polson. The init

In December 2021, the Scottish government published its terms of reference for the Scottish Covid-19 inquiry, to be chaired by Scottish judge, Lady Poole. The overall aims of the inquiry are to investigate the strategic handling of the Covid-19 pandemic in a number of areas in order to establish the

A new association has been launched by the Faculty of Advocates to provide a supportive and accessible platform for newer members of the bar. Its first president, Antonia Welsh, explains the details. The junior bar association will focus on the needs of advocates called five years ago or less a

Douglas J. Cusine highlights a worrying bias in the Scottish government's consultation on the 'not proven' verdict, which sits alongside its botched consultation on the reform of legal regulation. As was mentioned in Scottish Legal News in December, the Scottish government is consulting on the &ldqu

Benjamin Bestgen takes a philosophical look at corruption. In November 2021, Prime Minister Boris Johnson felt the need to tell the world’s media at the COP26 conference that the UK was not remotely a corrupt country. The PM took this step as both he personally and his Tory party are, not for

Iain Drummond considers a recent case that provides lessons for the construction sector concerning the enforcement of adjudicators’ decisions by companies in liquidation. The recent case of John Doyle Construction (JDC) v Erith Contractors Limited provides two lessons for the construction sect

As businesses return from festive slumber, it’s an opportune time to consider how they can meet expectations on diversity and inclusion (D&I) matters in 2022. Some clients have expressed frustration at the lack of progress in terms of reaching their D&I objectives despite the substanti

Particular complications can arise in claims involving multiple parties, not least when some of those involved wish to reach a settlement but others do not. Three recently issued judgments have highlighted some of the pitfalls to be avoided. In Loretto Housing Association Ltd v Cruden Buildings and

Scotland's long-running police drama Taggart had a pivotal role to play in the career choice of Emma Forbes, principal procurator fiscal depute with the Crown Office and Procurator Fiscal Service (COPFS). It was while watching an episode with her family when she was still at school that she first he

If nothing else is proved, Giuffre v Prince Andrew, Duke of York will at least have shown the public’s fascination with the private lives of royalty, writes Andrew Stevenson. This is not new. It is 200 years since the death of Queen Caroline. Born in the German principality of Brunswick, Carol

What is admissible in evidence in our ongoing trial of the past? The Arab slave trade? Modern slavery across Asia? Or are rules and consistency passé? Does Lady Justice need scales or will the sword suffice? Edinburgh Council, for example, remains coy about its plaque in Abercromby Place that

Despite having started studying law at the tender age of 16, Stuart Munro, managing director of Livingstone Brown, didn't have a burning desire to join the profession in his formative years. Instead, he describes it as something he “fell into”. At his local school he was expected to do w

Although Rosalie Chadwick had aspirations of being a fighter pilot, not a lawyer, she eventually decided to take the latter option partly because of what she describes as her stubborn streak. That desire to stand up to opposition, rather than shy away from heated discussion, is likely to serve her w

An interesting little conundrum for those with too much time on their hands. The flash floods in Edinburgh’s fashionable Stockbridge area earlier this year did significant damage to property, but thankfully, in contrast to similar events in Germany, no lives were lost. For this we may be grate

Licensing law, Stephen McGowan acknowledges, can be “extremely difficult to fathom”. He speaks as an expert, being both the head of licensing (Scotland) at TLT and the author of three books on the subject – the latest of which, the recently published McGowan on Alcohol Licensing La