Opinion

Once an Employment Tribunal decision (and the reasons for it) have been recorded in writing, they are entered into the public register. Since February 2017, such Tribunal decisions have been available online. This means that all judgments (and reasons) are available for public inspection unless the

Ian Maxwell discusses how parenting coordination can reduce conflict in shared parenting arrangements.  Once an agreement has been reached between parents or a court order made, the arrangements for sharing parenting time with children in a separated family are settled. Right?

Sean Duffy highlights new research showing how criminal record declarations undermine the concept of rehabilitation. Recent research from the Scottish Centre for Crime and Justice (SCCJ) called into further question the value of criminal record declarations on job application forms. Indeed, the rese

Brenda Mitchell analyses a recent case in which the sheriff found in favour of an injured motorcyclist. I have represented injured motorcyclists for over 30 years as a specialist personal injury lawyer. I ride a motorcycle, am an advanced rider and a member of IAM RoadSmart. What saddens me is motor

In a time of significant change to the civil litigation system, the approach to fraudulent exaggeration of insurance claims is diverging North and South of the border. This combination of developments may lead to a perfect storm for fraudulent claims in Scotland, writes Kate Donachie. In England and

Fiona Buchanan extols the benefits of mentoring and looks at how it has been implemented at Shepherd and Wedderburn. Shepherd and Wedderburn, as a collection of individuals and as a business, has put diversity and inclusivity at the heart its organisational culture and values. The business case for

Suzy Thomson, investment manager at Brewin Dolphin in Dundee, suggests five things lawyers should consider in managing trusts. Trusts are increasing in popularity as an investment vehicle. That’s good news for lawyers, who tend to deal with them on behalf of clients, but they inevitably c

Defence solicitor Ian Smart comments on the sexual misconduct allegations that have been made against Alex Salmond, encouraging all concerned to respect the presumption of innocence. I have tried to avoid commenting on the Salmond matter for the very good reason that I have no idea if there is a sub

Balfour+Manson was the first law firm to assume a female partner in Scotland in 1949, and it continues to promote women on merit, says Elaine Motion. As a lawyer specialising in human rights and civil liberties, I have stood up for equality throughout my career

A Court of Session ruling has highlighted how technology suppliers can successfully raise claims for relief for delays caused to their work, and how the businesses engaging those suppliers might properly resist those claims, writes Clive Seddon. Agilisys Limited (Agilisys) was engaged by technology

An immigration ‘cliff edge’ would be a real problem for the many sectors which currently rely on large numbers of EU migrant workers. Transitional arrangements are essential to ensure ‘business as usual’ is possible for many of our clients post-Brexit, writes Steven Dunn 

Before the festive break, Rachael Kelsey did her first update on the implications of Brexit for family law, giving a general overview of where we are with the three most likely political outcomes. Things are moving apace and there was a significant, if under the radar, development on 28th

Jennifer Jack, a member of the legal team that represented the MPs in Wightman and others, summarises the case. Brexit is fraught with uncertainty – but there is now one thing we know without a doubt: The Court of Justice of the European Union (CJEU) has confirmed the UK is legally e

This month brought another interesting development in the ongoing saga of employment status for gig economy workers, writes Meghan Jenkins. Last Wednesday the English High Court rejected a judicial review challenge in the case of R (on the application of the Independent Workers Union of Great Britai

Katharine Muir highlights a very serious case implicating a company's products in the deaths of infants. The decision to bring criminal charges against ITH Pharma Ltd (“ITH”), the manufacturer of an intravenous nutritional product, is a reminder that manufacturers have duties to the end