Articles



Thomas Ross QC: The Alice Sebold case – could it happen in Scotland?

It was reported this week that Alice Sebold, author of the Lovely Bones amongst other works, had issued a public apology for her part in a miscarriage of justice that led to Anthony Broadwater spending 17 years in prison for a crime that he did not commit. But could this miscarriage of justice have happened in Scotland?

Published 6 December 2021

Andrew Foyle: Spotlight on the price of success

The outcome of a recent case is significant as a test point in law and will be of particular interest to litigation lawyers in Scotland, writes Andrew Foyle.

Published 3 December 2021

Sir David Edward: Climate change – legal accountability is key

In her recent article in The Scotsman, Queen Noor of Jordan urged the G20 nations to acknowledge that there is a diplomatic emergency. As she and other members of the Scotia Group have argued in recent months, states must commit themselves to more ambitious targets, increase financial and practical assistance to developing countries, and ensure accountability.

Published 30 November 2021

Kirsty Yuill: Upcoming changes to the Highway Code

Kirsty Yuill takes a look at proposed new traffic rules.

Published 29 November 2021

Craig Cathcart: Consultation can be launchpad for stronger regulation in the long term

How on earth can you defend self-regulation in this day and age? How can lawyers possibly be allowed to mark their own homework?

Published 29 November 2021

Scott McGeachy: EDPB’s draft guidelines on data transfers under the GDPR

On Thursday 18 November, the European Data Protection Board (EDPB) published its draft guidelines on the interplay between Article 3 (territorial scope) and Chapter V of the GDPR (international data transfers).

Published 26 November 2021

Rachael Bicknell: What kaizen and Sir Dave can teach mediators about the Green Pledge

As the first week of COP26 drew to a close, and fireworks lit the sky in celebration of Diwali and Guy Fawkes night, a group of mediators from across the globe gathered on Zoom to discuss the World Mediators Alliance on Climate Change Green Pledge. The event was hosted by John Sturrock Q.C of Core Solutions who, along with an international steering group, has led the initiative.

Published 26 November 2021

Laura McKenna: Must employers consult with disciplined employee about appropriate sanction?

An EAT judgment suggests failure to consult may render dismissal unfair, writes Laura McKenna.

Published 25 November 2021

Thomas Ross QC: Should Scottish judges have the power to order whole life tariffs?

On Thursday 18th November 2021 I appeared on John Beattie’s Drivetime Show on BBC Radio Scotland to discuss the circumstances surrounding the tragic death of Esther Brown – and the criminal proceedings that followed. It occurred to me that there were certain public misconceptions about the case and its outcome. I address those here. First the relevant facts.

Published 22 November 2021

Julie Greig: Commercial lease obligations – where are we now?

The financial impact of the coronavirus pandemic and lockdown measures was considerable. The loss of revenue suffered during the extended periods of lockdown inevitably had a significant impact on businesses. While the Job Retention Scheme (i.e. the furlough scheme) which ended on 30 September 2021 helped support employers with their wage bills, tenant’s obligations to pay sums due under a commercial lease such as rent, insurance and service charges continued. These sums remain due and payable.

Published 18 November 2021

Nicole Moscardini: Calculating NMW – as easy as 1,2,3?

A recent EAT judgment finds even costs incurred by choice need to be deducted when calculating NMW, writes Nicole Moscardini. 

Published 18 November 2021

David J Black: Of secrets, lies, and Edinburgh’s unaccountable commissariats

What is admissible in evidence in our ongoing trial of the past? The Arab slave trade? Modern slavery across Asia? Or are rules and consistency passé? Does Lady Justice need scales or will the sword suffice? Edinburgh Council, for example, remains coy about its plaque in Abercromby Place that pays homage to recreational Nazi and eugenicist Marie Stopes. Its presence is, of course, a testament to hypocrisy.

Published 16 November 2021

Douglas Mill: MENE, MENE, TEKEL, UPHARSIN

Very few of you will have tuned into the Roberton Report a couple of years ago. Even fewer will be aware that the Scottish government (after a lengthy and entirely understandable delay) is only now consulting on its recommendations. Even fewer will respond to the consultation. Why should you? How could it possibly affect you? Aren't others interested in that? You've got a living to earn.

Published 15 November 2021

Amy Ferguson: The benefits of legal project management

The way we work continues to evolve following the Covid-19 pandemic and clients are now expecting more than just sound legal advice from their full-service law firm. As a result, there has been an increase in demand for legal project managers, writes Amy Ferguson.

Published 15 November 2021

David Young: Pinsent Masons at forefront of major green transition project

As COP26 draws to a close today and Glasgow bids farewell to international leaders, business leaders and global environmental campaigners, we have to hope that the commitments made over the last two weeks will be delivered in full (or exceeded) and to the agreed timescales, writes David Young.

Published 12 November 2021