Opinion

The ‘Brexit means Brexit’ refrain from those supporting the UK’s departure from the European Union has become rather well-worn – especially when those that state this are seemingly prepared to overlook a more important point: the law is the law, writes Elaine Motion. On 6 Sep

On 9 December 2019, the senior managers and certification regime (SMCR) will come into force for all Financial Conduct Authority (FCA)-regulated asset management firms, replacing the old approved persons regime. Sarah Leslie tells practitioners what they need to know. Final policy statement

A lawyer writes about their experience applying for a role in Scotland's judiciary, covered in SLN earlier this year. Clicking on your daily Scottish Legal News email one morning, you see that the Judicial Appointments Board for Scotland, or JABS as it likes to be known, is recruiting again. Th

A recent decision by the Inner House of the Court of Session held that Scottish courts have the ability to grant protective orders against an employer’s assets even where claims have been brought against them in an Employment Tribunal, write Eleanor Mannion and Laurie Anderson. The Case

Defence solicitor Gordon Ritchie charts the decline of Scotland's justice system and respect for the rights of the accused. As I approach the 30th anniversary of my admission as a solicitor, and contemplate a retirement into the great unknown of pipe and slippers, I considered the changes in law and

Employers will be taking a sharp intake of breath at the recent decision of the Court of Appeal in the case Brazel v The Harpur Trust (UNISON intervening) which addresses how to calculate pay for workers and employees who work irregular hours throughout the year, writes Tricia Walker. The decision

Equal pay claims have certain special features, and the case of Graysons Restaurants Ltd v Jones and others highlights what that means in an insolvency context. Equal pay claims are based on discrimination principles but are basically breach of contract claims. They also have a unique treatment unde

Rodney Whyte, partner and specialist in residential land development at Pinsent Masons, looks at how Scots law is holding back "later living" developments. There are almost 12 million people aged 65 and above in the UK, and that demographic is forecast to grow by an additional 8.6 million people ove

Earlier this year the UK government consulted on crowning HMRC with a promoted ranking in the insolvency of corporates and individuals. This month, it has published the draft 2019-2020 Finance Bill containing the legislative provisions that will bring this coronation into law. Michael Thomson explai

The Inner House of the Court of Session has again considered the vexing issue of notice requirements, write Gillian Craig and Josh Grieveson. Facts

Andrew Foyle reasons that new case law on calling up notices has simply raised more questions for lawyers in search of answers. In 2010 the Supreme Court ruled that in every case where a secured creditor seeks possession of a property following a monetary default, a calling up notice must be served.

Professor R. Daniel Kelemen, professor of political science and law and Jean Monnet chair in European Union politics at Rutgers University, writes on the change of leadership in the UK and the EU. The incoming President of the European Commission Ursula von der Leyen and the new Prime Minister of th

Stuart Clubb highlights the significance of a recent decision of the Inner House of the Court of Session regarding the insolvency of Scottish companies carrying out business in India. Against the backdrop of the insolvency of Scottish companies carrying on business in India, a recent decision of the

Back in March, my colleague Tom Stocker discussed the findings of a House of Lords select committee which reviewed the 2010 Bribery Act, and specifically how businesses self-report suspected cases of bribery and corruption. While describing the act as “international gold standard” with l

On 15 July, the Lord Chancellor announced that the discount rate for England and Wales would be increased from -0.75 per cent to -0.25 per cent. This is a lower increase than had been predicted and a disappointment for the insurance industry, who do not believe it will allow for an appropriate asses