Articles



Sophia Harrison: Time bar decision tough on claimants

Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government has recently reformed the law and passed the Prescription (Scotland) Act 2018 – but it is not yet in force.

Published 17 September 2021

Dr Thomas Muinzer: Success for the seventh gas campaign

The Scottish Climate Emergency Legal Network (SCELN) has had success in its “Seventh Gas Campaign”, after the UK government recently pledged to bring forward amendments to the UK’s Climate Change Act 2008 (CCA 2008) within the year in response to pressure from the group.

Published 15 September 2021

Euan Pirie: Dealing with volatile materials costs in construction tenders

Euan Pirie looks at a solution to price uncertainty for construction materials when tendering big contracts.

Published 15 September 2021

Nikki Hunter: Allaying confusion over duty of confidentiality

Nikki Hunter clears up the confusion left in the wake of a recent Outer House case.

Published 14 September 2021

Douglas J. Cusine: In whose interests is the creation of a judicial register?

Douglas J. Cusine questions the purpose and scope of the proposed register of judicial interests.

Published 14 September 2021

Lord Minginish: Why unifying the Land Court and Lands Tribunal makes sense

The purpose of the unification of the Scottish Land Court and the Lands Tribunal for Scotland announced by the Scottish government last week is to simplify arrangements for the resolution of land law disputes.

Published 14 September 2021

Graeme Watson: Covid inquiry should heed history’s lessons

The public inquiry into the pandemic should focus on lessons for the future in a timely manner, says Graeme Watson.

Published 13 September 2021

Kieran Smith: Still no answers for investors in Woodford Equity Income Fund

Kieran Smith reveals why group action against Link Fund Solutions, in their role as manager of the Woodford Equity Income Fund (WEIF), is the only way to see justice done.

Published 13 September 2021

Rachel Henry: What is happening on court-imposable PPOs for Scotland?

The Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 received Royal Assent on 24 April 2019 but Part 2 of the act, which allows Scottish courts to impose a periodical payment order (PPO) for future pecuniary losses in a personal injury claim rather than to award damages as a lump sum has still not yet been brought into force.

Published 10 September 2021

Blog: Managing risk throughout the construction materials shortage

Eilidh Dobson and Iain Drummond comment on legal aspects of the ongoing materials shortage.

Published 10 September 2021

Niall Moran: The Northern Ireland Protocol and the limits to ‘creativity and flexibility’

Niall Moran examines the stalemate between the United Kingdom and the European Union on the implementation of the Northern Ireland Protocol.

Published 10 September 2021

Valerie Armstrong-Surgenor: Our ‘cookie’ recipe to assist you with compliance

You visit a website; on the landing page, before you go any further, you are often asked to make decisions about ‘cookies’, quite often a slider to switch on or off. Some websites, however, don’t ask you to make any decisions and some do not even have a cookie policy. Does any of this all matter?

Published 9 September 2021

Tara Davison: Failure to appoint replacement contracts administrator leaves employer picking up the bill

Tara Davison considers whether a notice is valid when served on a party who is specified in the contract, but who no longer holds office and lacks authority to act.

Published 7 September 2021

Steven Smart: With highway code changes down the road, it’s still safety first message for cyclists

Greater use of bicycles is encouraged but cyclists, like all road users, have duties incumbent upon them to proceed safely, says Steven Smart.

Published 7 September 2021

Hamish Lean: Not every lease of land is an agricultural lease

When is an agricultural lease not an agricultural lease?

Published 6 September 2021