Opinion

Lockdown has created domestic tensions of many kinds in the home, for those in all different kinds of relationships, writes Lynne Mulcahy. Family lawyers are concerned about a number of adverse effects of the current crisis and the impact on clients (and others), who might be experiencing relat

Administrative law expert Paul Daly explores the Supreme Court's judgment in R v Adams. On two occasions in the 1970s, Gerry Adams, allegedly a leading member of the Irish Republican Army at the time and later a prominent Sinn Féin politician, was convicted of attempting to escape from lawful

Andrew Phillips explores the potential abuses of the furlough scheme.  In their recent COVID-19 update, the Serious Fraud Office (SFO) sought to assure us that they will continue to investigate suspected fraud, bribery and corruption, adapting ways of working where necessary to adhere to govern

Benjamin Bestgen looks at why you might breathe a sigh of relief knowing his lordship has had breakfast. See his last jurisprudential primer here. Legal television like My Cousin Vinny, Silk or The Good Wife is sometimes used to exemplify courtroom dos and don’ts – the first one having r

Karen Dance looks at certain law reforms in the context of the latest personal injury court statistics. From 27 April 2020, Scottish solicitors have been able to enter into agreements with their clients in all personal injury claims to take a percentage share of damages as a fee for success. The leg

Alison Edmondson looks at the issue of credibility and reliability of witnesses over Zoom. As my recent blogging history reveals I’m currently vexed by the question of whether family cases requiring evidence from witnesses should go ahead remotely. If we don’t have evidentiary heari

Benjamin Bestgen explores trust and trustworthiness in his latest jurisprudential primer. See his last post here. Literature and movies are full of stories that have, either at their core or as a necessary ingredient, the topic of trust and trustworthiness. Recently, Marriage Story (2019) dealt with

Amidst the coronavirus pandemic which has temporarily halted normality, one pillar of Scottish society has never been far away from the headlines, writes Bryan O'Donnell. Arrigo Sacchi once proclaimed: “Football is the most important of the least important things in life”. He has cl

Criminal barrister Joanna Hardy shares her experience of remote courts in England. “I haven’t met the defendant, Your Honour,” I tell a screen in my kitchen. Silence. “Can… can you hear me?” My words echo through the judge’s laptop in a courtroom three mile

To mark Star Wars Day, Simon Allison takes Yoda to task over his poor management skills.

Garry Sturrock separates fact from fiction when it comes to surrogacy. Those who watched BBC One’s recent four-part drama, The Nest, will no doubt agree that it made for fantastically gripping viewing. The implausible plot centred around a well-heeled, Glasgow-based couple desperate to start a

In his latest jurisprudential primer, Benjamin Bestgen explains why there is more to the concept of 'hard work' than meets the eye. See his last post here. The legal profession and many others are notorious for being associated with stressful work, tight deadlines and demanding unsociable, even unhe

With the Community Right to Buy for Sustainable Development having come into effect last weekend, land commissioner Megan MacInnes looks at what it means for communities and for land reform. Last weekend marked the launch of the latest in the Scottish government’s land reform toolkit – t

For over two centuries and through two World Wars the Signet Library has never closed its doors, except for Christmas Day, New Year and other holidays. Robert Pirrie WS, chief executive of the WS Society, reflects on the temporary shuttering of this exceptional place in the time of the COVID-19 pan

COVID-19 is presenting challenges for the construction sector in many areas, but the marked differences between the approach in Scotland and England is causing significant confusion amongst UK businesses, write Angela Grahame QC and Murdo MacLeod QC. Businesses are already struggling to comply