Opinion

16-30 of 1675 Articles
Clock icon 6 minutes

Professor Kenneth Norrie responds to a piece published earlier this week in Scottish Legal News, which he characterises as "mendacious". Monday’s Scottish Legal News carried a piece with the shockingly misleading heading “Plans for new trans law…”.

Clock icon 3 minutes

The Trusts and Succession (Scotland) Bill was passed at the Scottish Parliament on 20 December 2023 and received Royal Assent on 30 January. Stewart Dunbar looks at two aspects of the Act that impact the individual who created (or plans to create) the trust, known as the truster. It is essential tha

Clock icon 11 minutes

One of the most jaw-dropping aspects of the Post Office Horizon scandal and the merciless persecution of its victims was the unfettered power granted to a state-owned corporation which, in England at least, had the singular privilege of investigating itself and bringing private criminal prosecutions

Clock icon 4 minutes

Proposed Holyrood legislation aims to improve outcomes for children involved in the Scottish criminal justice system. However, there are concerns about the effect of the new law on freedom of expression and open justice, writes Baktosch Gillan. Safeguards to protect children and promote rehabil

Clock icon 5 minutes

Laura Patriche and Lauren McFarlane write about the IP issues around music sampling. Music sampling is a practice which involves artists digitally incorporating segments of existing sound recordings into new compositions. Some modern examples include Drake’s Hotline Bling of 2015 which sa

Clock icon 7 minutes

The Court of Session (Outer House) recently issued an opinion on unfair prejudice, in the case of Adrian Richard Hawkins OBE and Othman Akbar Rafay, petitioners, writes Lorna MacFarlane. The petitioners sought an order under sections 994 and 996 of the Companies Act 2006 confirming that the aff

Clock icon 4 minutes

Now that the dust has not settled on the Horizon scandal in Scotland as it relates to convictions of sub-postmasters, it is useful to recall what the lord advocate said in the Scottish Parliament on 16 January, writes former sheriff Douglas J. Cusine. “In September 2020, supported by Crown Off

Clock icon 4 minutes

Former sheriff Kevin Drummond KC expands on his solution to the problem of dealing with the Horizon cases.  I am pleased that my letter in SLN has produced an informed response by Lord Advocate Dorothy Bain KC, by Lord Uist and by Fergus Ewing MSP amongst others. Of necessity and for economy, m

Clock icon 10 minutes

Will Cole considers some recent developments in ADR north and south of the border from a Scottish perspective, including the Court of Appeal’s recent decision in Churchill v Merthyr Tydfil, and the implications for commercial litigation in Scotland. Since the turn of the century, the courts in

Clock icon 3 minutes

Fiona Killen asks whether the Sewel convention is fit for purpose following years of constitutional rancour between Holyrood and Westminster. The Constitution, Europe, External Affairs and Culture Committee (CEEACC) of the Scottish Parliament was busy last year, producing seven reports, one focusing

Clock icon 7 minutes

At the risk of sounding like a broken podcast, delays in getting fatal accident inquiries started are to me, a disgrace. As we know, some FAIs are mandatory; some are at the option of the Crown, but that distinction is irrelevant; there are delays in both categories. I am not alone in my concern. Th

Clock icon 5 minutes

I recently had the privilege of joining a webinar hosted by RoadPeace. RoadPeace provide information and support services to people bereaved or seriously injured in road crashes, writes Thomas Mitchell. The webinar’s panel consisted of Prof Sally Kyd, Head of Leicester Law School – an ex

Clock icon 7 minutes

Gillian Mawdsley writes about the Kindertransport ahead of Holocaust Memorial Day tomorrow. As another Holocaust Memorial Day (HMD) approaches, the recent release of the film One Life allows for reflection on how child refugees were able to escape Nazi persecution. This resonates with this year

Clock icon 6 minutes

Vaunted legislation incorporating UNCRC into Scots law falls short of expectations, writes Professor Elaine E Sutherland. The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 is something of a disappointment in the light of the ambitious plans that preceded it

Clock icon 4 minutes

Claire Campbell explains why legislation is needed to address the scourge of mould in rented properties. In December 2022, I wrote about the sad death of two-year-old Awaab Ishak in Rochdale in December 2020 as a result of his exposure to damp and mould in his family’s rented property, and str

16-30 of 1675 Articles