Opinion

The recent arrest of former First Minister Nicola Sturgeon predictably provoked widespread discussion of the Contempt of Court Act – as it applies in Scotland, writes Thomas Ross KC. It came as a surprise to many that the provisions of the Act were triggered so early in the process. This &ndas

Barrister Robin White, of Old Square Chambers, responds to a recent article on the Equality Act. I read with interest the article Equality Act and sex – important Scottish cases on the horizon by Dr Michael Foran of Glasgow University. Some of his analysis I agree with but much I disagree with

Morgiane Noel explores the ethical issues arising from the use of artificial intelligence in the criminal justice system. Artificial intelligence (AI) has become such a part of our daily lives that it’s hard to avoid – even if we might not recognise it. While ChatGPT and the use of algor

Gavin Pearson, managing director and head of Quantuma’s forensic accounting & investigations team, sets out a number of areas that may assist lawyers in the drafting of expert determination clauses. There will be contrasting views as to how effective Expert Determination is as a form of di

Douglas Strang and Kate Ross explain the protections the Equality Act 2010 provides for non-binary people. The Act provides protection to transgender people against discrimination, harassment, and victimisation in the workplace. Until the decision of the Employment Tribunal in Taylor v Jaguar L

Becoming a parent is one of the most significant events in many people’s lives and for some they may choose to consider the option of surrogacy. Surrogacy is when a woman carries and gives birth to a baby for another person or couple, known as the “intended parent(s)”. There are tw

Benjamin Bestgen and Alexander Jeuk discuss the practicalities of rebalancing the scales of justice making the legal system accessible to everyone. The complaint that the law tends to favour the wealthy and powerful while being much less available to the impecunious is not new. And there is much evi

The next few months are set to see two important cases making their way through the Court of Session, both of which concern the meaning of sex within the Equality Act. The first is the appeal of Petition of for Women Scotland [2022] CSOH 90 and the decision of Lady Haldane that sex means sex as modi

New figures showing that the number of people dying as a result of workplace incidents in Scotland has reached its highest level since 2019 have prompted urgent calls for reforms to corporate homicide legislation, writes Bruce Craig. Provisional data published by the Scottish Trades Union Congress (

It can be tempting to skip over environmental clauses in leases as just being "boilerplate". However, in the context of environmental contamination, to do so could have unexpected and costly implications for landlords and tenants. In the current market, environmental and sustainability provisions ar

Clowns to the left and jokers to the right: the Scottish electorate is zugzwanged as David J Black sees it. Some weeks ago The Guardian’s Marina Hyde levelled a blast against Labour and its normally hesitant leader. Her headline, 'What was that dreadful thud? The sound of Keir Starmer falling

Shonagh Brown and Pamela Gilmour discuss the Moveable Transactions (Scotland) Bill, recently passed by the Scottish Parliament, and how it aims to modernise and simplify the law of moveable transactions. Scots law has not traditionally been recognised for its dynamic or innovative nature, but newly-

Defence counsel Tony Lenehan KC writes that juryless trials are being driven by ideology rather than evidence.  After reading the Victims, Witnesses and Justice Reform (Scotland) Bill I was disappointed but not surprised. I am disappointed at the many politicians, lobbyists, academics and

An­drew Steven­son considers the price we will pay by adopting virtual courts. Support within the UK for the principles of maintaining a system where justice is administered locally or in public was evaporating even before Covid-19; in the decade to 2020, more than half the Magistrates Court

Who remembers the Roberton Report? Who could have guessed the pandemic reasons for it ending up in the long grass for so long? Covered well by SLN, the announcement has, after a couple of contributions proved that the solicitor branch of the profession at least is as comfortable with its apathy as e