Opinion

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

The differences between Scotland and England on personal injury compensation may increase in the coming months, writes Kirsty Yuill. The loss of a loved one or a catastrophic injury can be life-changing. When a person is successfully sued for causing such an event, the courts both north and south of

The General Data Protection Regulation came into force on 25 May 2018. As GDPR approaches its first birthday, what should be on your to-do list? Martin Sloan shares his top five actions that will help to ensure you remain GDPR compliant. 1. Check your privacy notice and register of processing activi

David Lorimer, PhD candidate at the University of Aberdeen, analyses a new Northern Ireland report into reforming the law on serious sexual offences. He argues what is law for the accused should be law for the complainer. The Gillen Report to the Criminal Justice Board on reform of the law on seriou

Advocate Michael Upton, M.C.I.Arb., of Hastie Stable, summarises two recent cases on the new Electronics Communications Code. Relations between landlords and telecoms operators in respect of the installation and maintenance of electronic communications apparatus on land and buildings are in importan

Steve Dougherty challenges the shortcomings of the current planning and regulatory system and asks if a quasi-free market approach would appeal to some prospective home-owners in Scotland. For over 30 years I’ve advised clients on all matters pertaining to commercial real estate and obser

Five years on from Dundas & Wilson’s combination with CMS, we should not mourn the loss of Scottish law firm brands, writes Allan Wernham. The number of elite Scottish law firm brands have diminished over the last decade, but we should not feel sentimental about the passing of historic nam

Jodi Gordon calls for swift action on road safety to help tackle pollution and health problems. Last month, Green MP Caroline Lucas invited Greta Thunberg, a 16-year-old Swedish school girl, to address Westminster ministers after inspiring the school climate strikes movement. She criticised the UK f

Iain Mitchell QC clears some of the confusion surrounding artificial intelligence ahead of the AI Beyond the Hype event in Edinburgh this month. In October, 2017, Saudi Arabia conferred citizenship on Sophia. The puzzling thing is that Sophia is a robot, even more human-looking than the archety

Val Surgenor takes a timeous look at cybersecurity in the context of smart devices. The use of smart devices or smart products by both consumers and industry is rapidly advancing and today use of such smart or internet-enabled products in the household is relatively common – think speakers and

With less than two months to respond to Graham Simpson MSP’s Proposed New-Build Homes (Buyer Protection) (Scotland) Bill, Harry C. Smith shares his views. There have been a number of attempts down the years to resolve any perceived imbalance in power between the housebuilder and the home buyin

Michael Sheridan reflects on the changes proposed by the Roberton Review and the urgent need for Scots lawyers to participate in the discussion on the future of legal regulation. This is a period of seismic change in the regulation of the legal profession. Whereas previously there was a long-standin

In the recent case of Jacqueline Shuttleton v Procurator Fiscal, Glasgow, the High Court of Justiciary clarified the its earlier dicta in Gubinas and Radavicius v HM Advocate in respect of the status of CCTV footage in criminal trials, writes David Cairns. The appellant was convicted of careless dri