Opinion

Carolyn Jackson looks at how the courts have dealt with medical evidence for which there is no record. When weighing up the evidential strength of medical records, lawyers often say that if it wasn’t written down, it didn’t happen. But simply because something has been written down at th

As offices around the country begin to reopen, employers must listen to the concerns of staff, writes Keith Anderson. The responsibility to create a safe environment within the office rests with those who lead the business, and it is incumbent upon them to listen to the concerns of their staff.

A Court of Session decision continues the trend of high awards of damages being made by the Scottish courts in fatal claims, writes Robyn Keay. The relatives of a young man who was fatally injured whilst operating a cherry picker have been awarded a total of £315,000 in damages in the Cou

Chris Horsley looks at measures contracting authorities may take in order to try to mitigate the current market pressures on resources. The ongoing squeeze on construction material supplies has been headline news in the industry.

Although there are many cogent reasons for everyone owning the same basic car, this is not the case in reality. The luxury car market is enormous. While for many, a personal contract purchase (PCP) is the only way they can afford a £50,000 car, what if you are in the position to spend £5

It is only a question of “when” the inevitable inquiry into the malicious prosecution scandal will be ordered. Suggestions have already been raised by the First Minister that it will have to be chaired by a judge from another jurisdiction. Some support for that position has been expresse

Gordon Downie details proposed reform of the consumer protection regime. In July, the Department for Business Energy and Industrial Strategy (BEIS) published a consultation document setting out proposals for sweeping reforms of the UK’S competition and consumer protection law and inviting resp

Immigration is in the news a lot right now, mostly stories about the UK government’s plans to reform the asylum system in response to small boats arriving on the English South Coast, writes Kelly Hardman. The government line is that they want to welcome refugees but expect them to enter t

Surely I must have learnt something. I started work as a trainee solicitor (or an 'articled clerk' as I was then known) in September 1990, qualifying as a solicitor two years later. It’s therefore over 30 years since I was first let loose on the unsuspecting public as a purveyor of legal advic

Malcolm Gunnyeon considers the domestic implications of a recent corporate emissions decision from the Netherlands. The recent landmark ruling by the Dutch courts against Royal Dutch Shell, one of the world’s biggest energy companies, is a stark warning to large emitters everywhere of the pote

As some employers consider cutting the pay of employees who choose to work from home permanently, Joanne Frew highlights the legal considerations they should take into account. The Covid-19 infection rate is still high but the vaccination programme is going well. Employees won't have to self-is

If you receive an award of compensation in respect of a personal injury, you are able to protect both your current and future entitlement to certain state benefits, local authority assistance and/or other sources of state-assisted support by placing your award into a personal injury trust. What is a

The tide of history is lapping over Scotland’s land. The ambitious and far-reaching Human Rights Bill due this parliamentary session is part of this tide and will help further advance land reform.

The regime on court orders determining with whom a child lives or spends time is changing, writes Alison Nicol. The factors which a Scottish court must consider when deciding with whom a child should live or otherwise spend time are changing to include the effect a court order might have on &ld

The pandemic has forced changes to almost every aspect of our lives. In WPH Developments Limited v Young & Gault LLP (in liquidation) 2021 CSIH 39, the Court of Session, however, confirmed one thing which won’t change: the law on prescription. Jamie Robb examines the case. The facts