Opinion

In 2006, the law in Scotland changed to provide a greater level of protection to unmarried, cohabiting couples. The new legislation was welcomed and seen as a positive step forward by many; 15 years on, there is a great deal of debate around whether the law is still fit for purpose, writes Tom Quail

Vicky Crichton, director of public policy at the Scottish Legal Complaints Commission, notes that the disruption caused by the pandemic has not resulted in a spike in complaints. This time last year all of our plans, our systems and our ways of working were thrown up in the air as we all tried to wo

Sarah Lilley reflects on her crash course in online lawyering precipitated by the first lockdown last March. In early March 2020 I walked out of Inverness Sheriff Court to make my way back to the office following a morning of court hearings. Inverness Castle, in which the sheriff court was housed fo

Baktosch Gillan interviews the current Lord Lyon, Dr Joe Morrow, about the role of his ancient office in 21st century Scotland. After a career at the forefront of the development of mental health law and practice in Scotland, Dr Joseph Morrow CBE, QC, LLD, is now on a mission to preserve Scotland&rs

Stuart Munro, head of criminal litigation at Livingstone Brown, considers an important technical issue that has featured in a number of recent high-profile cases. What right does a party to litigation have to use information or documents recovered in that process for other purposes? That seemingly a

Rodney Whyte, partner and residential property specialist at Pinsent Masons, compares Scotland to its southern neighbour when it comes to Later Living communities. Scotland has been relegated to the “poor relation” in terms of institutional investment in the Later Living sector, while mu

Retired sheriff Kevin Drummond QC shares concerns arising from the redaction dispute that dominated the final days of the Holyrood committee on the handling of harassment complaints. As a lawyer I care not a whit what political conclusions our Parliament and its Committee of Inquiry reach, or have r

One of the most striking of legal fictions, that of the escaped tiger, has stuck with Jackie McRae, who encourages readers to declare Scott & Sons v Del Sel the greatest entry in Session Cases. Vote for your top three here. Every judgement tells a story. Law reports make those sto

The latest director disqualifications are a reminder to every company in the construction sector of the importance of ensuring that staff understand what conduct will expose their firm to prosecution, writes Jamie Dunne. In the last few weeks, the Competition and Markets Authority (CMA) has sec

Private residential landlords would be wise to take notice of Scotland’s first wrongful termination order. It establishes the fact that the law has teeth and can bite, writes Paul Harper. It is a ruling which underpins the fact that it could prove costly to evict tenants under false pretences

The All-Scotland Sheriff Personal Injury Court has determined that Forth Boat Tours are not liable for injuries sustained by a former employee on July 2018, writes Ross Fairweather. In July 2018, the pursuer was working in the course of his employment as a barman with Forth Boat Tours. The defender

There is no doubt that the Covid-19 pandemic has altered the approach that the European Patent Office (EPO) has taken with respect to oral proceedings being held by video conferencing, writes Stefanie Glassford. Prior to 2020, whilst oral proceedings by video conferencing before an Examining Divisio

Douglas J. Cusine challenges Justice Secretary Humza Yousaf to break his silence on Scotland's malicious prosecution scandal. A month ago, I posed the question in relation to the Rangers malicious prosecution case: “Where has the Justice Secretary gone?” He has not even said whether ther

Dear Editor, How far we have fallen? It was with horror that I read in your newsletter (19th March 2021) of the proposed pilot for juryless rape cases.

Agricultural tenants could benefit from additional protections in the aftermath of the Holyrood elections, writes Hamish Lean. With the Scottish Parliamentary elections looming, Fergus Ewing has been sketching out changes that the SNP are considering to agricultural tenancy legislation if they remai