Articles



Nicola Williams: The importance of early M&A tax advice

As someone who has worked in an M&A specialist law firm, I have great respect for the important role these lawyers play in advising clients involved in a transaction. It is, however, surprising that tax considerations are often overlooked in the initial stages of the deal process only to have tax advisors called in at the eleventh hour to fix a situation that has often developed into a deal breaker or a significant sticking point between clients.

Published 30 May 2019

Kirsty Yuill: Personal injury compensation north and south of the border

The differences between Scotland and England on personal injury compensation may increase in the coming months, writes Kirsty Yuill.

Published 28 May 2019

Martin Sloan: GDPR – Top five to-dos 12 months in

The General Data Protection Regulation came into force on 25 May 2018. As GDPR approaches its first birthday, what should be on your to-do list? Martin Sloan shares his top five actions that will help to ensure you remain GDPR compliant.

Published 23 May 2019

David Lorimer: The Gillen Report – realistic reform or missed opportunity?

David Lorimer, PhD candidate at the University of Aberdeen, analyses a new Northern Ireland report into reforming the law on serious sexual offences. He argues what is law for the accused should be law for the complainer.

Published 23 May 2019

Michael Upton: The new Electronic Communications Code – two new judgments

Advocate Michael Upton, M.C.I.Arb., of Hastie Stable, summarises two recent cases on the new Electronics Communications Code.

Published 22 May 2019

Steve Dougherty: Is there demand in Scotland's housing market for a quasi-free market approach?

Steve Dougherty challenges the shortcomings of the current planning and regulatory system and asks if a quasi-free market approach would appeal to some prospective home-owners in Scotland.

Published 21 May 2019

Allan Wernham: Law firms changing for the better

Five years on from Dundas & Wilson’s combination with CMS, we should not mourn the loss of Scottish law firm brands, writes Allan Wernham.

Published 20 May 2019

Jodi Gordon: Legislation needed now to protect at-risk road users and promote healthier living

Jodi Gordon calls for swift action on road safety to help tackle pollution and health problems.

Published 17 May 2019

Iain Mitchell: Lawyers get to grips with AI as revolution looms

Iain Mitchell QC clears some of the confusion surrounding artificial intelligence ahead of the AI Beyond the Hype event in Edinburgh this month.

Published 15 May 2019

Val Surgenor: Smart devices to get regulatory baseline security measures?

Val Surgenor takes a timeous look at cybersecurity in the context of smart devices.

Published 14 May 2019

Harry C. Smith: Proposed law offers new build homebuyers redress without the stress

With less than two months to respond to Graham Simpson MSP’s Proposed New-Build Homes (Buyer Protection) (Scotland) Bill, Harry C. Smith shares his views.

Published 13 May 2019

Michael Sheridan: Lawyers must respond to seismic changes proposed by Roberton Review

Michael Sheridan reflects on the changes proposed by the Roberton Review and the urgent need for Scots lawyers to participate in the discussion on the future of legal regulation.

Published 8 May 2019

David Cairns: Candid Camera?

In the recent case of Jacqueline Shuttleton v Procurator Fiscal, Glasgow, the High Court of Justiciary clarified the its earlier dicta in Gubinas and Radavicius v HM Advocate in respect of the status of CCTV footage in criminal trials, writes David Cairns.

Published 7 May 2019

Katy Angus: Implications for hearing loss claims – Goldscheider v Royal Opera House

In a landmark judgment, the Court of Appeal has unanimously agreed the Royal Opera House (ROH) Covent Garden failed to take reasonable steps to prevent injury to viola player Christopher Goldscheider during a 2012 rehearsal of the Wagner opera, Die Walkure. As a result of his injury, Mr Goldscheider suffered acoustic shock and was left unable to work as a musician, writes Katy Angus.

Published 3 May 2019

Jonathan Tait: Copyright Directive designed to help creatives

The Council of the EU this month gave final approval to the Copyright Directive – a highly controversial piece of legislation aimed at striking a fair balance between the profits made by internet platforms and the creatives whose content they make accessible to users. Although the rules are set to come into force in 2021 when the UK will (likely) no longer be part of the EU, the government has already said it plans to adopt the measures.

Published 1 May 2019