Opinion

Paul Motion considers whether motions for dawn raid orders should always be video recorded. Of all orders the Scottish civil courts are empowered to make, arguably the most intrusive, invasive and distressing are orders under Section 1 of the Administration of Justice (Scotland) Act 1972. These orde

Rachel Hayes, Leo Moore and Aoife Keenan – of Irish law firm William Fry – explain the key features of the EU's Digital Identity Wallet. The Regulation (EU) 2024/1183, which establishes the European Digital Identity Framework (EUDI Regulation), came into force in May 2024 and will take l

Thomas Ross KC examines the collapse of the Bayoh inquiry. The resignation of Lord Bracadale from his position as chair of the Sheku Bayoh inquiry after 122 days of evidence – followed by the mass resignation of all the counsel to the inquiry three days later – no doubt led the public to

Ross McDowall urges Scottish businesses to familiarise themselves with new environmental rules ahead of a looming deadline. Businesses that currently hold environmental consents for water, waste and industrial activities in Scotland should check if they will need new or amended environmental authori

Jack Boyle takes a look at the thorny issue of Employment Tribunal fees. Employment Tribunals date back to 1964, when they were known as Industrial Tribunals. The system has always been one which is “free” to access, in the sense that (unlike other legal jurisdictions, such as courts) th

Ben Finnie of Gilson Gray explains why property tax reforms south of the border matter for Scotland, and what they could mean for buyers, sellers, and investors here. The ongoing debate over property tax reform in England and Wales continues to make headlines. With talk of major changes – from

Cyclists are often thought of as vulnerable road users, but on occasion, they can injure or even kill the more vulnerable, writes Thomas Mitchell. Readers may remember the much-publicised case of Charlie Alliston who collided with Kim Briggs as she crossed Old Street in London. Charlie was riding a

The first refusal of group proceedings in Scotland sheds light on how courts will assess commonality, efficiency and group size in future applications, write Julie Hamilton and Josh Chambers. Group proceedings were introduced in Scotland in 2018 to allow similar civil claims to be brought together a

Don Macleod critiques the Land Reform (Scotland) Bill. Lawyers choose their words carefully, and my title is no exception. Nor is the reason I consider the bill to be junk, and that reason is because the proposed law around large land holdings (so called) is an appalling mess that deserves no place

Nicole McQuilken reflects on the work of the All-Scotland Sheriff Personal Injury Court as it celebrates its 10th anniversary. 2015 seems like a long time ago. David Cameron was prime minister, the UK remained in the European Union, and artificial intelligence seemed like something from science fict

One of the tensions which arises in any legal system is balancing the competing principles of offering a right to appeal with the necessity of judgments to be final, in order to provide certainty. In the recent Sheriff Appeal Court decision of Downie v NHS Fife, this issue was considered against a s

Ronnie Clancy KC continues to analyse the politico-legal fallout of a spy prosecution that went awry. See part one here. In round two of their public relations bout with the director of public prosecutions (DPP) the UK government (HMG) has come out swinging. It has published the three witness statem

The Scottish government declared a housing emergency in May 2024, acknowledging that Scotland lacked sufficient housing supply to meet demand. This was partly self-inflicted, with the government cutting its affordable housing building supply programme and imposing rent controls without exemption, wh

In 2020, PPE Medpro entered into a lucrative contract with the Department of Health and Social Care (DHSC) to supply 25 million sterile surgical gowns and other personal protective equipment. The company gained widespread recognition for its association with Michelle Mone and her husband, write Pame

When making orders in terms of s.11 of the Children (Scotland) Act 1995 the court requires to give children the opportunity to express their views and to take those views into account. In the recently published decision of PSC v NS Lady Tait considers how to do so where the strongly expressed views