Articles



Kate Donachie: Discount rate for personal injury claims increases in England - but Scotland’s hands are tied

On 15 July, the Lord Chancellor announced that the discount rate for England and Wales would be increased from -0.75 per cent to -0.25 per cent. This is a lower increase than had been predicted and a disappointment for the insurance industry, who do not believe it will allow for an appropriate assessment of future loss claims (such as claims for future earnings or care); but what does the decision mean, if anything, for Scotland? Kate Donachie explains.

Published 26 July 2019

Jonathan Tait: FaceApp – fun on the face of it…

Jonathan Tait discusses the concerning details of a popular new app.

Published 25 July 2019

Jason Chester: Intellectual property is on the move

Jason Chester looks at the latest evolution in branding: the motion mark.

Published 24 July 2019

Duncan Milne: Taped talk can cost jobs and reputations

Duncan Milne, trainee solicitor at Blackadders, warns that employees secretly recording conversations in the workplace can be guilty of gross misconduct in some cases.

Published 23 July 2019

Jennifer Liddell: Civil partnerships to become open to all

The law on civil partnerships, north and south of the border, is set to change, writes Jennifer Liddell.

Published 22 July 2019

Ben Wilson: Scotland can lead the world by strengthening its Climate Change Bill

Ben Wilson details Scotland's legislative efforts to tame its carbon emissions amid a growing sense of urgency over climate change.

Published 19 July 2019

Karen Stachura: The dream that became a nightmare

Anyone who has purchased property knows just how stressful an experience it can be. In one particular case however, it turned into a nightmare, not only for the purchaser, but for their solicitors and ultimately their solicitors’ insurers, writes Karen Stachura.

Published 17 July 2019

Eoin Quinn: Expenses and pursuers' offers after QOCS

A recent success in the All Scotland Sheriff Personal Injury Court in a slip and trip case where the pursuer failed to prove how her accident happened has raised two issues of perhaps more general application given the looming introduction of qualified one way cost shifting (QOCS), writes Eoin Quinn.

Published 17 July 2019

Val Surgenor: GDPR strikes again – the importance of due diligence

ICO's second GDPR fine in as many days highlights the importance of due diligence in acquisitions, writes Val Surgenor.

Published 12 July 2019

Iain Masterton: Contractors must prepare for potential VAT burden

Accountant Iain Masterton outlines key changes to VAT rules, details why they’ve been introduced and reveals what building contractors must do to ensure they are compliant.

Published 12 July 2019

Colin Hutton: Class action claims could make data breaches disastrous

While the SNP would have been pleased with its strong performance in May’s European elections, the party’s campaign got off to an unfortunate start when thousands of personalised letters (part of a mailshot to more than 400,000 Scottish voters) were sent to the wrong people. It was widely reported at the time how this error had caused some distress among mainly elderly recipients who were concerned their address was being targeted by fraudsters. The SNP, quite properly, reported itself to the Information Commissioner (ICO) and an investigation is now under way with the party facing potential regulatory fines.

Published 10 July 2019

Val Surgenor: British Airways – large GDPR fines now a reality in the UK

The Information Commissioner’s Office (the ICO) has issued notice of its intention to serve a penalty notice (a fine) on British Airways (BA). The ICO intends to fine BA £183.39 million following last year’s personal data breach where “a variety of information was compromised by poor security arrangements” which led to log-in, payment card and travel booking details as well as name and address information of 429,000 online customers being exposed.

Published 9 July 2019

Michael Sheridan: Separation of powers at risk under solicitor regulation proposals

The Roberton Review into the Regulation of Legal Services in Scotland commissioned by the Scottish government was published 10 months ago. The Competition and Markets Authority and the Scottish government have now responded.

Published 8 July 2019

Conor Gearty: The British constitution, Brexit and human rights

The flexibility of the British constitution, once thought to be such a strength, has played a large part in destroying the country. In this edited version of a recent lecture delivered in Cambridge, Professor Conor Gearty (LSE) explains why he now believes more than ever that only the experience of no-deal will bring Britain to its senses.

Published 5 July 2019

Jennifer Skeoch: Supreme Court clarifies restrictive covenants

The Supreme Court has allowed the appeal in the case of Tillman v Egon Zehnder Ltd, in what may be welcome news to employers, writes Jennifer Skeoch.

Published 4 July 2019