Opinion

Stephen Tierney, professor of constitutional theory at Edinburgh University, comments on today's Brexit judgment from the CJEU. The Court of Justice of the European Union today issued its judgment in Wightman. It endorsed the opinion of Advocate General Campos Sánchez-Bordona to the effect th

Proposed reforms to Scotland’s culpable homicide laws aim to make it easier for businesses or organisations to be held to account if they cause deaths, writes James Varney. While the differences between Scots law and English law run deep – from the origins of some of our rules in Roman l

Alan McIntosh discusses a recent case, in which he was involved, at Greenock Sheriff Court that raised some interesting questions about the effects of Time Orders under section 129 of the Consumer Credit Act 1974. A hearing is scheduled for later this month. The Facts

Professor Steven Peers of University of Essex School of Law explains and comments on today's opinion from Advocate General Sánchez-Bordona on the revocability of Article 50. Was sending the Article 50 notification of withdrawal from the EU like jumping off a cliff – impossible to c

Ross Caldwell comments on the demotion of floating charge holders that will follow the reinstatement of Crown preference in 2020. Amidst all the hype attending the recent Budget about the £20bn windfall which befell the Exchequer and was thereafter shovelled towards the NHS, one could be forgi

Jonathan Brown looks at how Roman concepts in Scots law accommodate modern offences.  ‘Revenge porn’ has captured a lot of media attention in recent years – small wonder, as smartphones now allow anyone to create and share such content quickly and easily.

As readers will no doubt be aware, the General Data Protection Regulation (GDPR) has applied from 25 May 2018. Six months on, Daradjeet Jagpal carries out an initial appraisal of four key aspects of the GDPR and provides his thoughts on what lies ahead. Transparency

Jim Cormack QC explains why businesses should consider Scotland as a jurisdiction for resolving disputes. Amid all the coverage of the politics of Brexit, it’s understandable little is said about the importance of EU law as the source of the rules regarding which state's courts have jurisdicti

Frances Ennis welcomes Glasgow Licensing Board's new pilot scheme. Glasgow's night-time economy is said to generate around £2.16 billion a year and supports 16,600 jobs. That is despite, not because of, what has sometimes been seen by trade and practitioners alike as a licensing system which d

In a landmark decision, the Inner House has refused an appeal by the GMC against a decision of the Medical Practitioners Tribunal (MPT) under s.40A of the Medical Act 1983. This is the first such appeal in Scotland. Laura Donald, a partner at BTO Solicitors LLP, provides expert commentary. BTO defen

The recent Court of Appeal decision in Bellman v Northampton Recruitment Limited [2018] EWCA Civ 2214 provides a stark, timely reminder of both the personal and legal consequences of what can happen when work outings turn for the worse, write Alan Strain and Kieran Buxton. Mr Bellman worked for Nort

This week the Court of Justice of the European Union (CJEU) handed down its judgment in the case of Levola Hengelo BV v Smilde Foods BV which asserted that the taste of food does not attract protection as a copyrighted work. Rebecca Henderson and Jennifer Dool examine the case. Background

Theresa Hunt highlights important changes in the licensing landscape. Aberdeen City Licensing Board has just taken a unanimous decision to amend its licensing policies and allow all licensed premises in the city centre to remain open until 3am on Friday and Saturday nights. Previously late opening w

Allan Rooney, founding partner of Rooney Nimmo and president of the Scottish Bar Association of New York (ScotBarNY), reflects on the qualities needed to succeed in business. Be entrepreneurially minded – if you’re wired that way

Alan McIntosh writes on problem debt ahead of tomorrow's meeting of the Economy, Energy and Fair Work Committee. The decision by the Scottish government this week to reject the evidence of Citizen Advice Scotland, Money Advice Scotland, Stepchange and Govan Law Centre over the evidence of Esther McV