Opinion

Justice Secretary Keith Brown’s wish to find “credible and consistent” alternatives to a custodial sentence is laudable. That said, finding these is not an easy task, nor can it be done without substantial and long-term investment – something which many governments do not esp

Few outside the legal profession will realise the role that lawyers play in society and the extent to which our work is dictated by the actions of Parliament. I had not been aware of just how close that connection was until taking up my post around four years ago as head of our survivors team. The t

The legal market in Scotland has changed over the last year, although perhaps not to the extent that anyone would have predicted. Firms have, in general terms, coped well with remote working and are beginning to cope well with hybrid working too. Traditional streams of work have been maintained and

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

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

It was Juvenal. Or Plato. Or Socrates depending on your search engine. And, yes, it was a long, long time ago. But the principles remain the same. The checks and balances. The openness. The accountability. Scottish solicitors are accountable to the Law Society of Scotland. To whom are they the Law S

On 31 December 2021, it will be the one-year anniversary of the United Kingdom’s exit from the EU, the date commonly referred to as ‘Brexit’. The UK remains home to approximately 3.5 million European nationals, most of whom should, by now, have taken steps to secure their immigrati

Chris Mackay reveals whether courts can be used to recover documents relating to adjudication. Can you use the courts to recover documents from another party for the purposes of adjudication in Scotland?

The Scottish government will introduce a new register of land ownership in April 2022 but awareness of its purpose, detail and implications among existing owners of land and property appears to be low. As those failing to comply with the new regulations will face criminal sanctions punishable by a f

Ken Swinton, author of the Scottish Law Agents’ Society's response to the Scottish government's consultation on the regulation of the legal profession, notes the importance of an independent judiciary, which requires “that there must be an independent legal profession to ensure appr

On the very day that the European Commission Stakeholder meeting on the Recognition of Parenthood took place, the CJEU determined the ‘baby Sarah’, Stolichna obshtina, rayon ‘Pancharevo’ case. The full judgment is not available yet, but the press release can be found here. Ba