Features

Advocate Michael Upton FCI Arb updates readers on recent cases in communications law. The ‘new’ Electronic Communications Code came into force at the end of 2017 as a schedule to the Communications Act 2003. It governs telecoms masts and other "electronic communications apparatus"; speci

Carole Ewart, director of the Campaign for Freedom of Information in Scotland, comments on recent developments in Scotland's FOI regime and the need for reform. It’s been 21 years since the legal right to access information became enforceable under the Freedom of Information (Scotland) Act and

The English Court of Appeal’s decision on 5 January 2026 in Afan Valley Ltd v Lupton Fawcett LLP [2026] EWCA Civ 2 is a major reaffirmation of conventional principles governing loss and scope of duty in professional negligence claims. While under the law of England and Wales, it may well provi

The introduction of juryless trials, with which Scotland has long been threatened, is now being proposed south of the border. Tony Lenehan KC warns against the move. Juryless trials are back in the news, after a UK government proposal to cut back on using juries in certain matters in courts in Engla

The Scottish budget announced on 13 January has sharpened the focus on how tax policy changes influence behaviour in the workplace and the people consequences employers have already witnessed since the UK Budget in November 2025, writes Sarah Jackman. Following the UK's Budget announcement, much att

One of the real treasures in the Faculty’s archives is its oldest Minute Book, which opens rather abruptly with the words “The Tuell of November, 1668”. There’s no grand introduction – just a practical list of names and contributions, collected to support “poore

The overarching premise of this book is that one person’s kink is another person’s normal, and who are we to judge. Indeed. This is especially pertinent in a world where we are encouraged towards inclusivity – anyone and anything goes. Again, indeed. But when considering the licenc

The rapid development of digital assets and digital currencies has meant that many legal systems, including Scotland’s, have struggled to keep up, writes Andrew Foyle. The application of 17th century principles to modern blockchain technology has exposed gaps in the way that ownership and poss

US President Donald Trump has doubled down on his insistence that his country must control Greenland for national security reasons. Greenland is a semi-autonomous territory within the Kingdom of Denmark and the unprecedented development has sparked concern and criticism from America’s NATO all

Argentine judge María Jimena Monsalve, a national criminal enforcement judge, recently met with the Scottish Sentencing Council while on a knowledge exchange programme in the UK. In this article she explores therapeutic justice. The approach of therapeutic justice focusses on the effects of t

Everyone is talking about it – but is AI really having an impact on how business is done in real estate? Scott Ritchie takes a look. I recently took part in a round table of developers, operators, funders, and industry bodies to discuss whether its effects were being felt in Scotland and the r

The capacity of British regulators to meet the increased cyber security demands being placed on companies under planned new legislation has been questioned by lawmakers, write Stuart Davey and Malcolm Dowden. MPs challenged if regulators such as the Information Commissioner’s Office would have

Reduced to its basics, in the style of an exam question, the issue in this small but important book is that A is charged with the death of B by shooting him, but a trial is yet to take place.

Patrick Munro and Jacqueline Cook take a look at changes to the planning and compulsory purchase regimes in Scotland that are on the horizon in 2026, highlighting the key issues for developers, funders, decision-makers and interested parties below as Scottish planning reforms continue apace. There a

The world of product liability is changing fast, thanks to new technologies, online shopping, and increasingly complex supply chains, write Paola Sproul and Mark Gibson. The new Product Liability Directive 2024/2853 (new PLD) is now in force with 9th December 2026 as the deadline for EU member state