Opinion

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

With a bill introduced to the Scottish Parliament to reduce the general speed limit from 30mph to 20mph, Louise Gallagher looks at the legal implications of this and other attempts to protect or benefit “vulnerable road users”. Drive through the centre of any major Scottish city or town

If the UK and the EU fail to agree the terms of our withdrawal from the EU prior to March 2019, we will find ourselves in a “no-deal” or “cliff edge” scenario, writes Joanna Fulton. The UK government is trying to prepare us for the worst by issuing technical notices.&nbs

David Hossack extols the benefits of mediation following the recent publication of a report from Holyrood. I read with great interest the recently issued report of the Justice Committee of the Scottish Parliament entitled "I won't see you in court: alternative dispute resolution in Scotland". As a p

The dangers of expert evidence in a medical negligence case being based on only one witness's account where that account is disputed by another witness has been highlighted in the recent decision in Taylor v Dailly Health Centres, writes Robbie Wilson. The decision from the Outer House of the Court

This week, the ICO fined Heathrow Airport Limited £120,000 for serious breaches of the Data Protection Act 1998. Whilst this decision is under the “old” data protection rules, it provides some helpful guidance from the ICO on what organisations should be doing to avoid such action

Rory Alexander discusses the Fairer Scotland Duty and the opportunity it affords local authorities to tackle inequality.   Now more than ever, the battle to reduce inequalities amongst the most disadvantaged in our society is being recognised as a priority by our key decision makers and, f

Meghan Jenkins warns employers about HMRC fines of up to £20,000 per underpaid worker for breaching National Minimum wage obligations – fines that are levied on top of the obligation to reimburse the underpaid wages. At the end of September, HMRC reported that a record number of employer

Hardly a day goes by without another newspaper article or statistic about the challenges of being a working parent, the rise in sex-related discrimination in the workplace, and the ever persistent gender pay gap. As a caregiver, it is hard, at times, to see light at the end of the tunnel. Happily, a

Following much controversy surrounding the European Union’s proposed Copyright Directive, MEPs have voted again on the Directive, this time in a vote of support with 438 in favour, 226 against and with 39 abstentions, writes Euan Duncan. MEPs previously voted against the Directive in July of t

Donald MacKinnon looks at how the rights of House of Fraser’s 17,500 employees may be affected following the deal with Mike Ashley’s Sports Direct. Does ‘pre-pack’ deal protect House of Fraser’s staff?

Tom Wood notes how the Scottish government has neglected one minority group. Scotland has come a long way in its recognition and response to domestic violence. It’s barely 30 years since this endemic curse was dragged out of the shadows and police forces and other authorities started

On 28th August 2018, Lord Docherty issued his opinion in the application of the Joint Liquidators of Doonin Plant Limited for directions. Eric Baijal examines the case. This is the latest in a series of judgments grappling with how the law approaches the liability of officeholders and

Rebecca Ablett serves up a two-course dish of intellectual property delights from Luxembourg. The IP world has been cooking up quite a storm this summer with two particularly interesting cases featuring on last month’s menu for the Court of Justice of the European Union (the “CJEU”

Chris Gardiner looks at electronic wills after a French court in the city of Metz ruled that a text message could not be regarded as a valid will. The text message stated that the deceased individual wanted a share of his estate to go to his mother instead of his wife, who he was separated from