Articles



Nicola Hogg: Consultation on financial redress for historical abuse explained

In October 2018 the Deputy First Minister John Swinney committed to establishing a financial redress scheme for survivors of historical child abuse in care in Scotland. This will require legislation to be passed by the Scottish Parliament. The Scottish government has now launched a public consultation, the results of which will directly inform the legislation that will underpin the development of the redress scheme. It will run for 12 weeks, closing on 25 November 2019. Nicola Hogg explains the details of the consultation.

Published 5 September 2019

Nicola Hogg: Scottish government launches consultation on child trafficking guardians

The Scottish government has launched a consultation on implementing section 11 of the Human Trafficking and Exploitation (Scotland) Act 2015, which supports the introduction of independent child trafficking guardians. Child law expert Nicola Hogg explains the details. 

Published 3 September 2019

Fraser Mitchell: Time is of the essence for implementing infrastructure levy regulations

Fraser Mitchell explains the details of the infrastructure levy regulations in Scotland's new planning legislation.

Published 3 September 2019

Paul Craig: Prorogation – constitutional principle and law, fact and causation

Paul Craig, professor of English law at St John's College, Oxford and an authority on administrative and EU law, writes about important issues of constitutional principle and law raised by the prospect of prorogation as well as those concerning fact and causation.

Published 3 September 2019

SCOLAG: Whole life sentences are unnecessary and an affront to human dignity

The Scottish Legal Action Group (SCOLAG) sets out its views here on the Whole Life Custody (Scotland) Bill, proposed by Liam Kerr MSP.

Published 29 August 2019

Blog: Crowdfunding litigation in Scotland

Charles Livingstone and Douglas Waddell look at the recent phenomenon of crowdfunding litigation.

Published 29 August 2019

Jeremy Glen: Brexit’s detrimental effects on consumer rights and business

In the wake of a possible no-deal Brexit, the law surrounding consumerism could be subject to various vital changes, writes Jeremy Glen.

Published 26 August 2019

Dr Katarina Trimmings: The problem with surrogacy laws in the UK

What do Elton John, Cristiano Ronaldo and Kim Kardashian have in common, aside from being well-known names if you are a follower or fan of celebrity culture?

Published 22 August 2019

Elaine Motion: Brexiteers should remember that the law is the law

The ‘Brexit means Brexit’ refrain from those supporting the UK’s departure from the European Union has become rather well-worn – especially when those that state this are seemingly prepared to overlook a more important point: the law is the law, writes Elaine Motion.

Published 19 August 2019

Sarah Leslie: New rules for asset management firm managers – what you need to know

On 9 December 2019, the senior managers and certification regime (SMCR) will come into force for all Financial Conduct Authority (FCA)-regulated asset management firms, replacing the old approved persons regime. Sarah Leslie tells practitioners what they need to know.

Published 16 August 2019

Judging the appointments process – a tale for wannabe sheriffs

A lawyer writes about their experience applying for a role in Scotland's judiciary, covered in SLN earlier this year.

Published 16 August 2019

Blog: Show me the money – Court of Session rules diligence on the dependence can be granted in Employment Tribunal claims

A recent decision by the Inner House of the Court of Session held that Scottish courts have the ability to grant protective orders against an employer’s assets even where claims have been brought against them in an Employment Tribunal, write Eleanor Mannion and Laurie Anderson.

Published 14 August 2019

Gordon Ritchie: Scotland's criminal justice system has been gravely undermined

Defence solicitor Gordon Ritchie charts the decline of Scotland's justice system and respect for the rights of the accused.

Published 13 August 2019

Tricia Walker: A casual calculation – holiday pay for irregular workers

Employers will be taking a sharp intake of breath at the recent decision of the Court of Appeal in the case Brazel v The Harpur Trust (UNISON intervening) which addresses how to calculate pay for workers and employees who work irregular hours throughout the year, writes Tricia Walker.

Published 12 August 2019

Blog: What happens when insolvency, equal pay and TUPE collide?

Equal pay claims have certain special features, and the case of Graysons Restaurants Ltd v Jones and others highlights what that means in an insolvency context. Equal pay claims are based on discrimination principles but are basically breach of contract claims. They also have a unique treatment under Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE): in the case Allana Sweeney and Elouisa Crichton highlight below, there were three TUPE transfers. Add to that an insolvency situation and sums guaranteed by the National Insurance Fund (NIF), and things get rather interesting.

Published 8 August 2019