Opinion

There is a real risk of unintended consequences from this noble attempt to provide greater clarity, transparency and consistency in hate crime law, writes Fred Mackintosh QC of Terra Firma Chambers. The Justice Committee’s call for views on the Hate Crime and Public Order (Scotland) Bill close

Standard contractual clauses (SCCs) remain valid but the EU-US Privacy Shield has been struck down, explains Loretta Maxfield. On Thursday 16th July, the Court of Justice of the European Union (CJEU) made a landmark decision in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems

A new Electronic Communications Code judgment is another wolf placed among the yearling sheep as far as mobile phone operators are concerned, writes Michael Upton. The Digital Economy Act 2017 amended the Communications Act 2003, so that from the end of 2017 the new Electronic Communications Code re

In the understandable tsunami of media coverage in relation to the COVID-19 pandemic, it is easy to forget that, as matters stand, the transition period following the UK’s departure from the EU ends in less than six months’ time, writes Bruce Craig. Currently, the EU and the UK have a gl

Benjamin Bestgen discusses the death penalty in this week's jurisprudential primer. See his last one here. A few weeks ago an acquaintance (let’s call her Lea) witnessed an incident where teenagers had assaulted elderly people by deliberately coughing and spitting on them and yelling “CO

Last week, I made my first virtual appearance in the Appeal Court to conduct an appeal against conviction and sentence. Unlike other courts, virtual appearances are nothing new – the appellants in sentence appeals having been appearing by way of video link since 2013 – however this was t

Construction lawyer Lisa Dromgoole considers the parallels between Hearts and Partick Thistle’s legal battle with the SPFL and alternative dispute resolution in the building sector. It's not often that a construction lawyer has cause to consider the world of football, or not this construction

Dr John Macleod of Edinburgh Law School examines inaccuracy and the offside goals rule in light of a recent case in the Outer House. BAM TCP Atlantic Square Limited v BT plc [2020] CSOH 57 presents something approaching a full house of recent hot topics in conveyancing: interpretation of a deed of c

In part two of his primer on lie-detection, Benjamin Bestgen tells us what actually works. See part one here. Psychologist Aldert Vrij, a specialist on lies and deceit, identifies viable lie detection options which do not involve technology, torture or chemicals. Looking at lying clinically, he find

There have been recent changes to the rules on travel to the UK and to the EU arising out of COVID-19. So, what are the key things employers need to know in relation to business visits and travel arrangements involving their staff? Elaine McIlroy explains. Travel restrictions: England

Stephen McGowan comments on the latest lockdown updates for the hospitality industry. Thursday 2 July 2020 brought a number of announcements of real interest and importance to the Scottish hospitality industry, and three stand out. First, confirmation that outdoor hospitality spaces such as bee

Nicola Buchanan explains the details of the civil partnership regime in Scotland. “Marriage is not everybody’s cup of tea. For some, it represents religious or patriarchal baggage that many rail against.” This was one of the ways the deputy convener of the Scottish Parliament&

A recent study conducted on behalf of the Legal Services Agency seeks to examine the valuation of compensation awards in the two years following the introduction of the Letting Agent Code of Practice. LSA volunteers and Glasgow School of Law graduates Alice Dalkin, Caitlin Perring&nbs

The long-awaited Supreme Court judgment in Villiers v Villiers [2020] UKSC 30 has been handed down this morning. SKO's Rachael Kelsey has acted for the successful respondent, Mrs Villiers, since 2014 and gives a short summary of the 74-page decision. What was it about?

Benjamin Bestgen gives us the truth about methods of lie detection. See his last jurisprudential primer here. Last month, I sketched out some definition problems we encounter when considering what a lie is. I also noted that humans are bad lie detectors. Research tells us that even supposed experts