Opinion

Advocate Michael Upton of Hastie Stable examines a judgment handed down by the England and Wales Court of Appeal on Tuesday. Tuesday saw the first Court of Appeal judgment about the new Electronic Communications Code (enacted by the Digital Economy Act 2017, amending the Communications Act 2003).

Ben Zielinski, a senior associate in the commercial litigation team at Shoosmiths in Edinburgh, considers the significance of a recent judgment in the Court of Session that has given greater clarification of how much notice a landlord needs to give to terminate a commercial lease in Scotland. A rece

A decision issued last week by the Court of Session in Edinburgh concerning business rates continues a recent trend in which the courts have often upheld arrangements under which full business rates are mitigated through the use of occupational arrangements not seen prior to rates relief being pared

Scotland has always been different from the rest of the UK when it comes to claims and litigation. With a separate jurisdiction and its own unique legal concepts and rules, it has been essential for insurers to understand and acknowledge the quirks of the Scottish system and to deal with them accord

One of the many unintended effects of an EU exit was that it prompted us lawyers to start writing profound things about what it would mean for our areas of practice. In many areas the consequences of an exit from the EU seemed obvious. Family lawyers would see rising divorces with couples separating

Following recent regulatory investigations into fake certificates for construction workers, Ramsay Hall looks at the risk of fraud for organisations in the sector and the practical steps that can be taken to mitigate risk. In August 2019, it was reported that the total value of fraud cases appe

In the past five years, insolvency rates in the construction industry have increased more quickly than in other industries across the UK. Womble Bond Dickinson (WBD) lawyers Simon Lewis and Philippa Jones consider the common causes of construction insolvency and how construction firms can protect th

David Wilson considers a case that clarifies 'practical completion'. For the first time in recent years, the courts have considered the definition of practical completion in the case of Mears Limited v Costplan Services (South East) Limited, Plymouth (Notte Street) Limited, J.R. Pickstock Limit

Advocate Michael Upton of Hastie Stable examines the issues at the centre of an English court appeal being heard this week. It may seem axiomatic that rights to use or to occupy land must flow - directly or indirectly - from a present or past land-owner. But in the important field of telecoms operat

Richard McMeeken, partner at Morton Fraser, reflects on the benefits of the commercial courts system following its 25th anniversary earlier this year. Specialist courts in Scotland are nothing new. In 1994 Lord Penrose established a commercial court in order to respond to the demands of the business

Proposed legislation should avoid forcing parties to attend mediation information sessions, writes Malcolm Gunnyeon. As litigants increasingly look for quicker and more cost-effective alternatives to the courts, mediation has become well known as a means of resolving disputes.

On the 1st July, the Borderlands Growth Deal was officially signed and will see £394.5 million invested into projects that involve five councils in the Borders. Three of these councils are in England, and the two Scottish councils are Dumfries and Galloway and Scottish Borders. The deal encour

Stephen Vallance discusses a law fair initiative that showcases the opportunities at high street firms.

The Lord Advocate, James Wolffe QC, writes on his desire to improve efficiencies in the Fatal Accident Inquiry system. An unexpected death can have a devastating impact on the bereaved, who have to confront not only the grief which follows the loss of a loved one but also questions about why the dea

Edinburgh solicitor Tara Davison writes on recent Sheriff Court proceedings exposing a lacuna in the law. At a recent case in Edinburgh Sheriff Court the pursuer's agent was called in to address the Sheriff at a pre-issue hearing regarding a motion for sanction of the employment of counsel made at t