Opinion

Rachel Henry and Alistair Kinley look at certain differences between Scotland and England & Wales on personal injury compensation. One basic principle of personal injury compensation is the same throughout the UK. Whether a personal injury claim proceeds under the Scots law of delict or the

Andrew Sackey discusses the accelerating speed of the crackdown on corporate fraud. As we edge towards the end of the first working week of this new decade, it is worth noting that tax compliance measures first introduced at the start of the last decade will continue to have a far reaching impa

Health and safety expert Bruce Craig warns that while prosecutions for breaching health and safety laws are at record low levels, businesses have a duty to maintain the highest standards. The Health and Safety Executive (HSE) prosecuted just under 400 cases in the UK in 2018/19, the lowest number fo

With the last echoes of the bells drifting into the distance, 2020 is firmly with us and it is time to get down to work. That might sound as though it is just another change of the calendar, but, for Scotland’s legal profession, this has the promise to be very much a year to remember. I know t

The law governing gratuitous alienations is less certain that it was following a decision of the Supreme Court, writes James Lloyd. On 4 December, the Supreme Court handed down its judgement in the case of Macdonald & Another v Carnbroe Estates Limited. The judgment reframes the remedies availab

The Employment Tribunal has held that ethical veganism falls within scope of Equality Act 2010. Jack Boyle explains what happened. Veganism has risen rapidly to its current position in today’s mainstream society. From the presence of plant-based food festivals nationwide to the large food chai

Over the past five years or so, mainstream lenders have cut back and in many cases withdrawn lending altogether. This has made way for an alternative form of funding in the form of bridging finance, writes Callum McInnes. It is no secret that mainstream lenders over the past five years or so ha

As part of the programme to mark 20 years since the creation of the Scottish Parliament, the Scottish Parliament Information Centre (SPICe) has been publishing twenty “20 year” blog posts on SPICe Spotlight over the course of 2019. This blog, by Sarah Harvie-Clark, senior researcher (civ

Business across almost every sector is undergoing significant change, and we can all see examples of new technologies and innovations disrupting “the way we do things”. The legal profession is not immune to this, writes Maggie Moodie. Indeed, stories appear with more and more frequency t

With the recent discovery of Bronze Age carved stone figures in Orkney, the Gold Ring at Loch Lomond reported earlier this year and the Kirkcudbright Viking treasure saga that rumbles on from 2017 the law of who is entitled to what on a treasure find is back in the headlines again, writes Robin Dunl

With Christmas, and Brexit, fast approaching, it is a good time to consider how Brexit could affect Santa’s annual task of delivering presents to the children of the UK, writes Iain Halliday. Santa lives in Lapland, in Finland, so we can presume he is a Finnish (and therefore EU) citizen. At t

While many joke about the pitfalls of doing something silly on a work night out at Christmas, there is also the darker issue of sexual harassment by a colleague, writes Watermans' Priya Cunningham. The majority of sexual harassment cases brought before the Employment Tribunal are brought by wom

Jonathan Seddon determines the pros and cons of a modular approach to delivering homes compared to traditional building. The use of the pre-fab (or modular) building is by no means a new concept in the UK. Historically, it came to the forefront of construction following the Second World War. At a ti

Writing for Scottish Legal News, Rachael Kelsey, lawyer for Mrs Villiers in Villiers v Villiers, discusses the details of the case, which was heard by the Supreme Court this week. Villiers v Villiers, the first intra-UK Maintenance Regulation case to be heard by the Supreme Court, has grow

The Scottish government response to the independent review of mediation in Scotland has been issued this week. Ash Denham, legal affairs minister, has commented on momentum building towards mediation reform referring to proposals for review by (1) Scottish Mediation, (2) the Justice Committee report