Articles



Alistair Bonnington: Salmond inquiry reflects poorly on Scotland’s democratic traditions

There never has been a clearer case made out for the utility of law and lawyers than the so-called Salmond Inquiry in the Scottish Parliament. The "Committee on the Scottish government handling of harassment complaints" to give it its correct title, has thus far failed to unearth the truth about the machinations within the Scottish government quite simply because it isn't equipped to do so. Inevitably there is strong suspicion that this Committee was given the job precisely because it would have insufficient expertise or powers to investigate adequately.

Published 25 January 2021

Jodi Gordon: The courts are getting there virtually

Jodi Gordon, partner at Road Traffic Accident Law (Scotland) LLP, comments on the development of remote hearings during the Covid-19 pandemic.

Published 25 January 2021

Dr Anne Sammon: Can UK employers require staff to be vaccinated?

Whether UK employers require staff to be vaccinated is a question that has been doing the rounds since the Pfizer vaccine became available. My experience is that clients start the discussion thinking that they might want to mandate, or very actively encourage employees to be vaccinated, but having had legal advice tend to back-track and decide that actually they will probably remain agnostic.

Published 22 January 2021

Gordon Keyden: No implied term of compliance with building and fire safety standards in lease of a storage unit

D C Watson & Sons (Fenton Barns) Ltd, owner of storage premises known as the Turkeytorium, in East Lothian, have achieved dismissal of an action for damages at debate, following a fire at the premises. Clyde & Co's Gordon Keyden explains the details of the case.

Published 21 January 2021

Our Legal Heritage: The Mountain Bard in Court, 1821

Andrew Stevenson reflects on a literary-cum-legal encounter between two of Scotland's greatest writers. 

Published 20 January 2021

Benjamin Bestgen: Held to higher standards

Benjamin Bestgen considers the fairness of the high standards to which we hold lawyers. Read last week's jurisprudential primer here.

Published 20 January 2021

B&Q employee fails to establish liability after cutting hand with safety knife

A new judgment provides further analysis of employers' duties post-Enterprise and Regulatory Reform Act 2013 and reiterates the importance of pleadings, writes Eoin Quinn, of Keoghs, who acted for the defender in the case.

Published 15 January 2021

Naomi Cunningham: Measures to increase female representation in Parliament – who can benefit?

Last week’s hearing in the Court of Session in For Women Scotland’s judicial review of the Scottish government’s Gender Representation on Public Boards Act 2018 put the spotlight on whether trans women should be able to benefit from measures intended to address the under-representation of women in different areas of public life, writes Naomi Cunningham.

Published 15 January 2021

Bob Ruddiman: With disruption comes opportunities for canny businesses

Disruption can bring opportunities, and those businesses which have a mindset of accepting opportunities thrown up from the unwelcome disruption caused by Covid-19 will survive and thrive, while new businesses will emerge to capitalise on these opportunities.

Published 15 January 2021

Rachael Kelsey: Jurisdiction in the UK in divorce and cohabitation cases post-Brexit

There are advantages to having a bit of age on you when you’re a family lawyer – quite apart from the fact that you are less likely to be trying to home school your own children. If you are 40 plus you will remember family law pre-Brussels II, which is going to be useful in this post-Brexit landscape. There are significant changes to family law jurisdiction rules and this piece will look at divorce jurisdiction in Scotland and touch on the position in England and Wales. Jurisdiction in maintenance will be a treat for another day…

Published 12 January 2021

Janette Speed: Property sector can help re-build UK economy

According to a recent survey, post-Brexit Britain is considered a prime real estate proposition by investors, developers and asset managers from across Europe, China and the US. Notably, it ranked the UK highest for future residential property investment.

Published 12 January 2021

Martin Devine: Commercial property sector weathers the storm

Martin Devine looks at the state of the commercial property sector during the pandemic.

Published 8 January 2021

Hamish Lean: Long-awaited property rules come into force next month

Some of the more controversial aspects of the Land Reform (Scotland) Act 2016 are to be brought into force by February 28, writes Hamish Lean.

Published 6 January 2021

Benjamin Bestgen: Tools and (or?) rules

Benjamin Bestgen this week contrasts the letter of the law with its spirit. See his last jurisprudential primer here. 

Published 6 January 2021

Benjamin Bestgen: Consensual harm

This week Benjamin Bestgen looks at the legalities surrounding certain extracurricular activities. See last week's here.

Published 24 December 2020