Opinion

Joanne Gillies, partner and insolvency disputes specialist at Pinsent Masons, examines a recent ruling by the Court of Session. Banks will be able to reduce the amount of compensation paid to customers who claimed they were mis-sold payment protection insurance (PPI) in order to recover debts owed b

Mandy Laurie of Burness Paull explores whether employers can force employees to receive the Covid-19 vaccine. Since Margaret Keenan became the first person to receive the Pfizer vaccine in the UK, the rest of the nation has watched on as the introduction of two vaccines and the approval of a third h

Ian McMonagle, tax specialist at Russell & Russell Business Advisers in Glasgow, is predicting a fresh spate of late notice penalties in the wake of changes made at the start of this tax year to how and when residential property owners pay tax on the sale of a home. The changes to the rules on C

Eamon Keane responds to Alistair Bonnington on the Scottish Parliament's Salmond inquiry. I wish to comment upon one matter, related to evidence and procedure, raised in Alistair Bonnington’s opinion piece, in which he is, in my opinion, wholly incorrect. Namely, his assertions about the inte

Dave Penman, general secretary of the FDA trade union, which represents Scottish government civil servants and prosecutors, responds to Alistair Bonnington on the Salmond inquiry. Many of you will have views on the evidence and issues that have been dealt with by the Committee on the Scottish Govern

Benjamin Bestgen examines the impact of "respectability" in criminal trials. See last week's jurisprudential primer here. Tropes like the “Gentleman Thief” pick up on the allure of the white-collar criminal: a person who appears respectable, educated, even charming. A worldly, cleve

There never has been a clearer case made out for the utility of law and lawyers than the so-called Salmond Inquiry in the Scottish Parliament. The "Committee on the Scottish government handling of harassment complaints" to give it its correct title, has thus far failed to unearth the truth about the

Jodi Gordon, partner at Road Traffic Accident Law (Scotland) LLP, comments on the development of remote hearings during the Covid-19 pandemic. ‘Working from home’ has become the norm for so many of us over the last 10 months. There have been challenges along the way requiring both employ

Whether UK employers require staff to be vaccinated is a question that has been doing the rounds since the Pfizer vaccine became available. My experience is that clients start the discussion thinking that they might want to mandate, or very actively encourage employees to be vaccinated, but having h

D C Watson & Sons (Fenton Barns) Ltd, owner of storage premises known as the Turkeytorium, in East Lothian, have achieved dismissal of an action for damages at debate, following a fire at the premises. Clyde & Co's Gordon Keyden explains the details of the case. The pursuer, Philip Samson, l

Benjamin Bestgen considers the fairness of the high standards to which we hold lawyers. Read last week's jurisprudential primer here. The legal profession is a deeply human one and humans are complex creatures. As a species we are capable of extraordinary feats of courage, intellect, wisdom, kindnes

Andrew Stevenson reflects on a literary-cum-legal encounter between two of Scotland's greatest writers.  Two hundred years ago two of Scotland’s most eminent men of literature met in court. One of them, James Hogg, the self-styled Ettrick Shepherd, is best known for his novel The Private

A new judgment provides further analysis of employers' duties post-Enterprise and Regulatory Reform Act 2013 and reiterates the importance of pleadings, writes Eoin Quinn, of Keoghs, who acted for the defender in the case. The judgment provides a useful analysis of the relationship be

Last week’s hearing in the Court of Session in For Women Scotland’s judicial review of the Scottish government’s Gender Representation on Public Boards Act 2018 put the spotlight on whether trans women should be able to benefit from measures intended to address the under-representa

Disruption can bring opportunities, and those businesses which have a mindset of accepting opportunities thrown up from the unwelcome disruption caused by Covid-19 will survive and thrive, while new businesses will emerge to capitalise on these opportunities. Initially, the pandemic led to a tempora