Opinion

This week the Court of Justice of the European Union (CJEU) handed down its judgment in the case of Levola Hengelo BV v Smilde Foods BV which asserted that the taste of food does not attract protection as a copyrighted work. Rebecca Henderson and Jennifer Dool examine the case. Background

Theresa Hunt highlights important changes in the licensing landscape. Aberdeen City Licensing Board has just taken a unanimous decision to amend its licensing policies and allow all licensed premises in the city centre to remain open until 3am on Friday and Saturday nights. Previously late opening w

Allan Rooney, founding partner of Rooney Nimmo and president of the Scottish Bar Association of New York (ScotBarNY), reflects on the qualities needed to succeed in business. Be entrepreneurially minded – if you’re wired that way

Alan McIntosh writes on problem debt ahead of tomorrow's meeting of the Economy, Energy and Fair Work Committee. The decision by the Scottish government this week to reject the evidence of Citizen Advice Scotland, Money Advice Scotland, Stepchange and Govan Law Centre over the evidence of Esther McV

Elaine Motion, executive chairman at Balfour+Manson, writes on the significance of language in the Article 50 case currently before the courts. Language is critical in politics and the law, not least in the unfolding political and legal machinations of the Brexit process.

Rebecca Barrass provides an insight on a Court of Appeal ruling into a ‘smash and grab’ construction case. Back in March of this year, we issued an update “Smash and Grab”: where are we now? following Mr Justice Coulson’s decision in S&T (UK) LTD v Grove Development

The recent judgment of the Court of Justice of the European Union (CJEU) in the case of Sciotto v Fondazione Teatro dell’Opera di Roma serves as a great reminder to employers in the arts industry of the complexities involved in employing fixed-term employees, write John Macmillan and Cono

Bruce Wood reflects on the slow pace of change in updating the moveable transactions regime. In The Scotsman on 28 August 2011 I lauded the Scottish Law Commission's discussion paper on the reform of the law on moveable transactions. (More on what those are in a minute.) I pointed out that this

The BarristerBlogger, Matthew Scott, takes a comprehensive look at the European Court of Human Rights' recent blasphemy judgment and finds it severely wanting. The decision of the Fifth Section of the European Court of Human Rights in the case of E.S. v. Austria has been welcomed by Islamists i

The Scottish Debt Arrangement Scheme has jokingly had its acronym, DAS, compared with a famous washing powder (Daz), the idea being it washes away debts, which is appropriate. Like many a washing powder, it has been through numerous re-launches, with each promising to be better than the last, writes

Val Surgenor examines the recent Morrison's case from south of the border. Last week, the Court of Appeal considered Wm Morrison Supermarket Plc’s (“Morrison’s”) appeal against the earlier High Court decision which held them liable for a data breach which was the result of a

To what extent is an employer vicariously liable for the wrongful actions of its staff which take place outwith the usual ambit of daily workplace activities? Jim Herd looks at a recent English judgment on the issue. The English Court of Appeal has just released its judgment in Bellman v Northampton

The Scottish Women’s Rights Centre (SWRC) and JustRight Scotland (JRS) are deeply concerned by the publication of the article in this week’s Herald: “Stuart Waiton: Scots men are at risk of being branded ‘rapist’ for political reasons” and subsequent blog in Scott

Solicitor Eamon Keane responds in a personal capacity to yesterday's piece by Dr Stuart Waiton. The views expressed are his own. The debate around civil actions for damages in rape cases is no doubt a topic which is of considerable interest to the profession and the wider public. That being sai

Dr Stuart Waiton looks at the issue of rape being examined in the civil court following vindication of an accused at trial. Men in Scotland are now at risk of being branded ‘rapist’ for political and ideological reasons, following the Stephen Coxen case. Coxen was tried for the