Opinion

A recent Supreme Court ruling in an English case offers highly persuasive guidance on whether Scottish employers who are sued for their employees’ alleged acts owe a duty of care to those employees when defending such civil proceedings. This guidance could have implications for the conduct of

Scott Clair comments on a recent Sheriff Appeal Court case that found the scope of non-vested contingent interest to be greater than previously thought. Where an individual is sequestrated, the totality of their assets and potential assets (subject to certain exceptions) will pass to (or “vest

On 18 July the EU Commission handed Google a record fine of £3.8bn (€4.34bn) for abuse of its dominant position in relation to the Android operating system. David Flint and Rebecca Henderson explain why the tech giant incurred the Commission's wrath. What is a dominant position?

Scottish insolvency practitioners may be able to use a decision of the Supreme Court in an English case on time limit in support of bringing claims against company directors, even if the claims are over five years old and, on the face it of it, are out of time, writes Katrina Lumsdaine. The Sup

Val Surgenor and Rebecca Henderson discuss a French case that will likely serve as guidance on the interpretation of "consent" under GDPR. Location data is a tool useful for marketers to reach mobile app users with targeted, specific advertising. For example, you are scrolling through your favourite

Scotland's commercial property sector stands to benefit from proposed reforms to business rates – on which the Scottish government is currently consulting, writes Alan Cook. The Scottish government's consultation paper sets out its proposed approach to various aspects of the Barclay Review of

A Court of Session or Sheriff Court action can be raised for the sole purpose of obtaining security pending the outcome of a case being decided in a foreign court, according to the recent Inner House case of AA v Secretary of State for Business, Energy and Industrial Strategy and the Commission for

John Forsyth looks at the revival of the Notable British Trials series. The first Notable Scottish Trial, Trial of Madeleine Smith, was published in the autumn of 1905. It was published by William Hodge and Company whose intent that it would be the first of a series was clear from the plural Notable

The recent decision in ICI v Merit Merrell Technology is the latest in a series of decisions in the dispute – described by Mr Justice Fraser as ‘long-running, and bitterly fought’ – relating to steelworks to be carried out by MMT at a new paint manufacturing facilit

A case involving the iconic luxury handbag designer Mulberry has looked at the law around discrimination on the grounds of a rather unusual philosophical belief, writes Claire Scott. Ms Gray worked as a market support assistant for Mulberry and had access to some of Mulberry’s design

A recent widely reported settled claim by a hospitality worker highlighted the controversy that continues to persist with Zero Hour Contracts (ZHC).  Kenny Scott considers the issues that often surround this form of employment arrangement and highlights why ZHC’s still have an import

“Imitation is the sincerest form of flattery” or so the saying goes. But ask a brand holder what they think of imitation and I would bet a decent amount of money that “flattering” is not one of the adjectives they use, writes Neeraj Thomas. RedPoint are a US company who have

Jenny Dickson discusses the details of a bill that would give ministers the power to recover certain costs for NHS Scotland that are associated with the treatment of industrial disease-related illnesses. It's an advert we see regularly on daytime TV: “Have you been in an accident or do you hav

Company voluntary arrangements (CVAS) are very much in vogue. Why? Growth of online shopping, Brexit uncertainty, increased export costs, drop in consumer confidence and spend, increases in business rates, rising labour costs and long-term inflexible lease costs. All of these been cited as factors c

John McArthur calls for an overhaul of Britain's creaking inheritance tax regime. The problem with our existing tax system is that it’s now overly complicated and when even HMRC’s own system can’t work out the correct income tax liability that a taxpayer has to pay, that must raise