Opinion

Attention has recently focused on policy and practice concerning accommodation of transgender prisoners in Scotland.  However, the role of Article 3 of the European Convention on Human Rights (ECHR) has been little discussed in this context. Accordingly, this post first addresses the general c

As Rishi Sunak arrives in Belfast for talks with political leaders on the Northern Ireland Protocol, Anurag Deb here examines the UK Supreme Court's latest Brexit ruling and what it means for the constitutional statutes doctrine. Anyone who is from Ireland, or who has witnessed a real (as opposed to

Nicola Edgar compares the approaches to awards for damages following wrongful death between Scotland and the rest of the UK. For a number of years in Scotland, the appropriate level of damages which should be awarded to relatives following the wrongful death of a loved one has been the subject of mu

Tom Stocker details developments in the law surrounding fraud and related offences. A new offence of failing to prevent “fraud, false accounting or money laundering” is to be introduced into UK law, security minister Tom Tugendhat has confirmed.

The case of Muir Construction Limited v Kapital Residential Limited [2017] CSOH 132 served as a timely reminder of the importance for parties to a construction contract to understand the role of pay less notices. As economic uncertainty continues, maintaining cashflows and ensuring the correct amoun

Prior to the British Nationality Act 1981, any child born in the UK was automatically a British citizen, writes Nikki Weir. The 1981 Act, which came into force in January 1983, introduced the requirement for a child born in the UK to have at least one parent who is British or ‘settled’ a

A recent Sheriff Court decision has reminded employers that, when arguing an employee was contributory negligent for their accident, clear evidence that the employee was appropriately trained can be extremely useful, write Alison McAteer and Rebecca Neilson. The court ruled in Paul Farley v The Scot

The theme for this year’s LGBT+ History Month is ‘Behind the Lens’. Its aim is to celebrate LGBT+ people's contribution to the production of film and cinema from ‘behind the lens’. Roles that are celebrated include directors, producers, writers, score composers, artists

Gwyneth King recently published an opinion piece claiming to set out some facts about the Equality Act as it relates to gender recognition reform. Almost everything she wrote is wrong, writes Dr Michael Foran. King argues that the default position in the Equality Act is that treating a trans woman a

Sandra Cassels discusses the recent changes to the law of prescription and their impact on latent defects in construction projects. The expiry of claims for damages in Scotland is regulated by the Prescription & Limitation (Scotland) Act 1973. Section 6 of the 1973 Act provides that claims

Ever since the Court of Session was constituted as the College of Justice, the Faculty of Advocates has played a central role in promoting the rule of law and ensuring access to justice for the people of Scotland. It continues to do so today. Our commitment to excellence in advocacy underpins these

My previous two opinion pieces about the damaging delay to Scottish gender recognition reform, and the media’s portrayal of it, were underpinned factually by the relevant parts of the Equality Act. Given the ongoing widescale coverage of gender recognition reform, and trans rights, it might be

First Minister Nicola Sturgeon has said her government would “carefully consider” the issues raised by more than 100 businesses after publication of an open letter on a proposed ban on alcohol advertising. Industry big hitters including BrewDog, Diageo, Whyte & Mackay and Tennents di

The Scottish government’s current consultation on restrictions around alcohol advertising and sponsorship has attracted considerable attention. I have myself described it as a “prohibitionists charter”. The consultation was launched on 17 November 2022 and closes on 9 March 2023. I

In her piece on media coverage of the Scottish government’s proposed gender-recognition reform  (1 February 2023), Gwyneth King criticises those who have pointed out that women’s organisations which signed a statement in support of the Scottish government’s policy are recipien