Articles



Colin Miller: CMA cracks down on competition law breaches

Colin Miller discusses the recent crackdown on pharma companies for breaching competition law.

Published 27 September 2021

Adam Swayne: Leaving cryptocurrency in your will

Adam Swayne looks at how to will cryptocurrency.

Published 27 September 2021

Douglas J. Cusine: More to prison FAIs than meets the eye

The research into fatal accident inquiries, (SLN, 15 September) for me, reads rather strangely. The researchers looked at approximately 200 cases of deaths in prison, but because in only 10 per cent of these was any recommendation made, they suggest that the system is flawed. It is not clear whether any comparison was made with the determinations in non-prison cases. In my experience, recommendations in FAIs were in a tiny minority of cases.

Published 23 September 2021

Julie Keir: Covid-19 – when is it automatically unfair to dismiss for health and safety reasons?

We are now starting to see employment tribunals grappling with Covid-19 related workplace issues. Some of these involve claims from employees with less than two years' service seeking to argue that their dismissals were automatically unfair for health and safety reasons, writes Julie Keir.

Published 20 September 2021

Elaine Elder: Owners could be forced to sell as council approves empty housing policy

Elaine Elder discusses the implications of the new policy adopted by Aberdeen City Council to tackle the local empty-housing crisis.

Published 20 September 2021

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