If the UK and the EU fail to agree the terms of our withdrawal from the EU prior to March 2019, we will find ourselves in a “no-deal” or “cliff edge” scenario, writes Joanna Fulton. The UK government is trying to prepare us for the worst by issuing technical notices.&nbs
Opinion
David Hossack extols the benefits of mediation following the recent publication of a report from Holyrood. I read with great interest the recently issued report of the Justice Committee of the Scottish Parliament entitled "I won't see you in court: alternative dispute resolution in Scotland". As a p
The dangers of expert evidence in a medical negligence case being based on only one witness's account where that account is disputed by another witness has been highlighted in the recent decision in Taylor v Dailly Health Centres, writes Robbie Wilson. The decision from the Outer House of the Court
This week, the ICO fined Heathrow Airport Limited £120,000 for serious breaches of the Data Protection Act 1998. Whilst this decision is under the “old” data protection rules, it provides some helpful guidance from the ICO on what organisations should be doing to avoid such action
Rory Alexander discusses the Fairer Scotland Duty and the opportunity it affords local authorities to tackle inequality. Now more than ever, the battle to reduce inequalities amongst the most disadvantaged in our society is being recognised as a priority by our key decision makers and, f
Meghan Jenkins warns employers about HMRC fines of up to £20,000 per underpaid worker for breaching National Minimum wage obligations – fines that are levied on top of the obligation to reimburse the underpaid wages. At the end of September, HMRC reported that a record number of employer
Hardly a day goes by without another newspaper article or statistic about the challenges of being a working parent, the rise in sex-related discrimination in the workplace, and the ever persistent gender pay gap. As a caregiver, it is hard, at times, to see light at the end of the tunnel. Happily, a
Following much controversy surrounding the European Union’s proposed Copyright Directive, MEPs have voted again on the Directive, this time in a vote of support with 438 in favour, 226 against and with 39 abstentions, writes Euan Duncan. MEPs previously voted against the Directive in July of t
Donald MacKinnon looks at how the rights of House of Fraser’s 17,500 employees may be affected following the deal with Mike Ashley’s Sports Direct. Does ‘pre-pack’ deal protect House of Fraser’s staff?
Tom Wood notes how the Scottish government has neglected one minority group. Scotland has come a long way in its recognition and response to domestic violence. It’s barely 30 years since this endemic curse was dragged out of the shadows and police forces and other authorities started
On 28th August 2018, Lord Docherty issued his opinion in the application of the Joint Liquidators of Doonin Plant Limited for directions. Eric Baijal examines the case. This is the latest in a series of judgments grappling with how the law approaches the liability of officeholders and
Rebecca Ablett serves up a two-course dish of intellectual property delights from Luxembourg. The IP world has been cooking up quite a storm this summer with two particularly interesting cases featuring on last month’s menu for the Court of Justice of the European Union (the “CJEU”
Chris Gardiner looks at electronic wills after a French court in the city of Metz ruled that a text message could not be regarded as a valid will. The text message stated that the deceased individual wanted a share of his estate to go to his mother instead of his wife, who he was separated from
Recently, the Court of Appeal ruled that Dr Bawa-Garba should be reinstated to the medical register following the widely publicised case involving her care of six-year-old Jack Adcock in 2011, which led to his tragic death. The case has sparked international debate in relation to support available f
Jacqueline Cook looks at recently passed legislation aiming to promote and protect the interests of the islands. The Our Islands, Our Future campaign started in 2014 culminated in the enactment of the Islands (Scotland) Act on 6 July. It enshrines in law increased representation and control over dev