Articles



Benjamin Bestgen: Working hard

In his latest jurisprudential primer, Benjamin Bestgen explains why there is more to the concept of 'hard work' than meets the eye. See his last post here.

Published 29 April 2020

Our Legal Heritage: Mr Roughead and Miss Smith 

Robert Pirrie WS, chief executive of the WS Society, tells the story of William Roughead, the Edinburgh lawyer who became the father of the ‘true crime’ genre and the celebrated trial for murder of Miss Madelaine Smith.

Published 29 April 2020

Megan MacInnes: Shaping our futures - communities and the Right to Buy for Sustainable Development

With the Community Right to Buy for Sustainable Development having come into effect last weekend, land commissioner Megan MacInnes looks at what it means for communities and for land reform.

Published 28 April 2020

Blog: Constructive criticism for Scottish government’s business advice

COVID-19 is presenting challenges for the construction sector in many areas, but the marked differences between the approach in Scotland and England is causing significant confusion amongst UK businesses, write Angela Grahame QC and Murdo MacLeod QC.

Published 27 April 2020

Ailie McGowan: Coronavirus pandemic underlines necessity of a digitalised civil court system

Ailie McGowan discusses the need for a digitalised court system.

Published 24 April 2020

Catriona Torrance: The IHT magic million - true or false?

You might recall headlines a few years ago, amid political jostling, of £1 million free of inheritance tax? Well, as of 6 April this year, this became true – for a limited number of people in particular circumstances. So who falls into this 'magic million' category?

Published 21 April 2020

Blog: Shifting sands on the definition of ‘woman’ in Scots law

Dr Kath Murray, Lisa Mackenzie and Lucy Hunter Blackburn highlight some concerns between gender representation legislation and consistency with the Equality Act.

Published 21 April 2020

Douglas Mill: A month of Sundays

Douglas Mill looks at some of the opportunities the current lockdown presents.

Published 20 April 2020

Jennifer Jack: Creative Scotland is not an ‘undertaking’ under the Competition Act 1998

The Competition Appeal Tribunal has issued its judgment following its first sitting in Scotland in 15 years. On 2 March 2020, the Tribunal, chaired by Lord Doherty, heard legal arguments on whether or not Creative Scotland, the public body that supports the arts, screen and creative industries across Scotland, is an "undertaking" for the purposes of the Competition Act 1998 (CA98).

Published 20 April 2020

Construction lawyer warns against pitfalls of postal service 

A construction law expert has warned against the potential consequences of communicating through post as workers are still being urged to stay at home.

Published 17 April 2020

Mark Lazarowicz: Supporting NHS workers should mean more than clapping

Waiving the immigration health surcharge is the helping hand that migrant NHS workers really require, argues Terra Firma advocate Mark Lazarowicz.

Published 16 April 2020

Graham Boyack: Great opportunities for online mediation

As everyone is forced to adapt to new circumstances due to the coronavirus pandemic mediators are no exception. That said, it would be fair to say that a number of mediators have been conducting their ­practice online for a number of years. I am aware of one mediator who has ­conducted a global mediation ­practice from Hawaii for a number of years and he has not been alone.

Published 16 April 2020

Michael Conroy: COVID-19 and NEC Contracts

With the Scottish government and the Construction Industry Coronavirus Forum advising that all non-essential building sites in Scotland should close in response to the coronavirus pandemic, Harper Macleod partner Michael Conroy outlines what this means for building projects that are governed by the NEC suite of contracts.

Published 15 April 2020

Benjamin Bestgen: Truth in law

In the third of his jurisprudential primers, Benjamin Bestgen looks at truth. See part two here.

Published 15 April 2020