Articles



Patrick Christie: If only I’d picked that Apple

Over the last few years you may have seen headlines telling you how much you would have made if you’d invested in Amazon, Apple, Microsoft etc. Companies like these have been coined ‘unicorns’; the term first used in 2013 by Aileen Lee (New York Times). A unicorn is a privately held start-up company valued at over $1 Billion.

Published 2 March 2021

Jennifer Thomson: Occupiers’ liability in Scotland – who has control of the premises?

Everyone's world was turned upside down in 2020, with unpredictable events throughout the year. The uncertainty has impacted on the work of personal injury lawyers. While the country has been in lockdown with fewer cars on the roads and many employees no longer attending at their places of work, you might have thought that the volume of personal injury claims would reduce.

Published 26 February 2021

Brian O’Neill: Price transparency – a dagger through the heart of solicitor estate agents?

As solicitors come to terms with the new guidance on price transparency which finally came into effect on 31 January 2021, there’s a certain unease about its impact on solicitor estate agents. You see, the guidance requires firms to publish their fees and other costs of carrying out estate agency work. This requirement will, undoubtedly, hand non-solicitor estate agents an unfair advantage.

Published 25 February 2021

Rosie Gollan: Building and fire safety regulations post-Grenfell

Rosie Gollan contrasts the reforms north and south of the border that have followed Grenfell.

Published 24 February 2021

Douglas J. Cusine: Why is the Justice Secretary so quiet about the malicious prosecution scandal?

Douglas J. Cusine asks why Scotland's Justice Secretary, Humza Yousaf, has been so quiet about the malicious prosecution scandal.

Published 23 February 2021

Blog: Parental disputes magnified by lockdown

Couples who split up often have very different views on how to do things and Covid-19 has magnified this enormously, write Shona Smith and Lynne Mulcahy.

Published 23 February 2021

Scott McGeachy: European Commission publishes draft decisions to allow EU-UK data flows

The European Commission has published two draft “data adequacy” decisions in favour of the UK. If approved, these adequacy decisions will allow personal data to be transferred from the EU to the UK, without the need for organisations to put in place any additional safeguards. As such, these adequacy decisions will enable data flows to continue as normal between the EU and the UK, even after the end of the post-Brexit transition period, writes Scott McGeachy.

Published 22 February 2021

Dan Traynor: LGBT History Month – a celebration of spirit

Dan Traynor discusses people of faith in the LGBTQ+ community, noting the unique challenges they face.

Published 22 February 2021

Julie Canet: One too many Pink Ladies

For me, “Pink Lady” will always refer to one of Rizzo, Marty, Frenchy or Jan – together with their pink jackets and crazy wigs. What might come to mind for most, though, are the renowned Pink Lady Apples.

Published 19 February 2021

Naeema Yaqoob Sajid: It’s OK to be you

When I first embarked on my legal career, I never thought for a moment that the profession I so eagerly wanted to join and belong to would also be the profession in which I felt trapped. 

Published 18 February 2021

The vulnerable accused’s position at trial in Scotland: time to do better?

In Scotland, vulnerable individuals who find themselves arrested and prosecuted for criminal offences may be eligible for support at various stages of the criminal process in order to allow them to participate effectively. The nature of, and entitlement to, such support depends on the stage in which the criminal process has reached. In this blog post, I will outline the available measures of support for vulnerable accused persons at the trial stage (a valuable exercise in itself, given the complexity of the law in this area).

Published 18 February 2021

Iain Smith: Forget being hard or soft on crime – be smart instead

If we truly want to reduce offending within our communities in Scotland then we must move beyond tokenistic, meaningless terms like being “hard” or “soft” on crime. We need to be cleverer, writes Iain Smith.

Published 17 February 2021

Benjamin Bestgen: Lawyers and profanity

This week Benjamin Bestgen considers swearing, without which many of us would struggle to get through the day. See his last jurisprudential primer here.

Published 17 February 2021

Fergus Whyte: Duchess of Sussex v Associated Newspapers – privacy and copyright in the spotlight

Many will think of defamation as the primary recourse in battles between public figures and those who seek to comment on them but a recent High Court decision in England and Wales (Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch)) shows that, under the right circumstances, protection of privacy and copyright can have a significant role to play, writes Fergus Whyte, of Arnot Manderson Advocates.

Published 16 February 2021

Douglas J. Cusine: Observations on the proposed malicious prosecution inquiry

Douglas J. Cusine asks, among other things, why Justice Secretary Humza Yousaf has said nothing about the malicious prosecution scandal?

Published 15 February 2021