Opinion

Dr Ben Christman looks at the Scottish civil justice system's failures in enabling access to environmental justice. Now more than ever, we appreciate that the health of our environment is critical to the enjoyment of basic human rights.

The Court of Appeal in England & Wales has handed down its judgment in the matter of Howard Kennedy v The National Trust for Scotland [2019] EWCA Civ 648, on appeal from the decision of Sir David Eady, sitting as a judge of the High Court on the Queen's Bench Division Media and Communications Li

Since the announcement last week that a fatal accident inquiry is to be held into the Super Puma helicopter crash off Shetland in August 2013, there has been a vociferous response criticising the delay of almost six years, writes Lisa Gregory. While perhaps in the minority, there will be some who wi

Stuart McWilliams stresses the importance of registration for EU nationals ahead of Brexit. In recent months, I have spent a lot of time meeting with EU nationals concerned about their status once the UK leaves the EU. As negotiations in Parliament drag on, and with a Conservative leadership el

Organisations operating in the UK are reporting data breaches in greater number than in many other parts of the EU and reported incidents have risen dramatically since the introduction of the General Data Protection Regulation (GDPR), writes Stuart Davey. A new report issued by Pinsent Masons, featu

I seldom go to the High court these days. High court generally means legal aid, and a recent time and study analysis showed fees earned on such work did not meet office overheads far less make a profit. Thus, the reduced number of High court cases I take on each year are regarded as pro bono because

Laura Edmunds looks at the case law on personal guarantees in contracts. The past, present and future walked into a bar. It was tense!

When a legal matter involves a child, there is a fine line between protecting the child and excluding them from something which directly impacts them, writes Jennifer Maciver. Recent announcements from the Scottish government suggest that more will be done in this often difficult situation. Minister

Advocate Paul Harvey reflects on the third of Lord Sumption's Reith Lectures, in which the former Supreme Court justice takes the ECHR to task. These are unsatisfactory times for lawyers who wish to engage in public debate. The law, like so many other specialist disciplines, is not always fairly and

On 3 June 2019 Linda and Stuart Allan posted the following on Twitter: “Katie we do not know if you left us a year ago today or a year ago tomorrow. We only know you are gone and our hearts are broken. You are loved. You are missed every day. Rest well our beautiful girl.”

The UK government would do well to replicate the American approach to anti-bribery guidance, writes Tom Stocker. Earlier this month the UK government published a response to the findings of a review of the Bribery Act 2010 by a House of Lords Select Committee. The response provided an insight into t

Julie Hamilton comments on the role of the expert witness in the wake of a recent case south of the border. The recent, high profile collapse of a multimillion pound fraud trial in London highlights the importance of expert evidence. The role of an expert witness should be to provide the court with

Nicola Edgar looks at English proposals to overhaul the medical negligence regime. Sir Rupert Jackson, a former Court of Appeal Judge whose views have previously formed the basis of government policy, has set out radical proposals for overhauling the medical negligence law and procedures for handlin

Agreements between businesses and individuals occur on a daily basis, but what does it take to make them legally binding? Peter Begbie explains. A written contract is a common – and often most advisable – way of legally formalising an agreement. However, it is also possible to establish

As someone who has worked in an M&A specialist law firm, I have great respect for the important role these lawyers play in advising clients involved in a transaction. It is, however, surprising that tax considerations are often overlooked in the initial stages of the deal process only to have ta