Opinion

Rebecca Barrass provides an insight on a Court of Appeal ruling into a ‘smash and grab’ construction case. Back in March of this year, we issued an update “Smash and Grab”: where are we now? following Mr Justice Coulson’s decision in S&T (UK) LTD v Grove Development

The recent judgment of the Court of Justice of the European Union (CJEU) in the case of Sciotto v Fondazione Teatro dell’Opera di Roma serves as a great reminder to employers in the arts industry of the complexities involved in employing fixed-term employees, write John Macmillan and Cono

Bruce Wood reflects on the slow pace of change in updating the moveable transactions regime. In The Scotsman on 28 August 2011 I lauded the Scottish Law Commission's discussion paper on the reform of the law on moveable transactions. (More on what those are in a minute.) I pointed out that this

The BarristerBlogger, Matthew Scott, takes a comprehensive look at the European Court of Human Rights' recent blasphemy judgment and finds it severely wanting. The decision of the Fifth Section of the European Court of Human Rights in the case of E.S. v. Austria has been welcomed by Islamists i

The Scottish Debt Arrangement Scheme has jokingly had its acronym, DAS, compared with a famous washing powder (Daz), the idea being it washes away debts, which is appropriate. Like many a washing powder, it has been through numerous re-launches, with each promising to be better than the last, writes

Val Surgenor examines the recent Morrison's case from south of the border. Last week, the Court of Appeal considered Wm Morrison Supermarket Plc’s (“Morrison’s”) appeal against the earlier High Court decision which held them liable for a data breach which was the result of a

To what extent is an employer vicariously liable for the wrongful actions of its staff which take place outwith the usual ambit of daily workplace activities? Jim Herd looks at a recent English judgment on the issue. The English Court of Appeal has just released its judgment in Bellman v Northampton

The Scottish Women’s Rights Centre (SWRC) and JustRight Scotland (JRS) are deeply concerned by the publication of the article in this week’s Herald: “Stuart Waiton: Scots men are at risk of being branded ‘rapist’ for political reasons” and subsequent blog in Scott

Solicitor Eamon Keane responds in a personal capacity to yesterday's piece by Dr Stuart Waiton. The views expressed are his own. The debate around civil actions for damages in rape cases is no doubt a topic which is of considerable interest to the profession and the wider public. That being sai

Dr Stuart Waiton looks at the issue of rape being examined in the civil court following vindication of an accused at trial. Men in Scotland are now at risk of being branded ‘rapist’ for political and ideological reasons, following the Stephen Coxen case. Coxen was tried for the

With a bill introduced to the Scottish Parliament to reduce the general speed limit from 30mph to 20mph, Louise Gallagher looks at the legal implications of this and other attempts to protect or benefit “vulnerable road users”. Drive through the centre of any major Scottish city or town

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

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