Articles



Blog: Court decision on restrictive covenants welcomed by businesses

The Court of Appeal finds that restrictive covenants can be enforced despite the potential for indefinite application, write Innes Clark and Iain Young.

Published 27 February 2020

Rebecca Bull: The impact of gender recognition legislation on sex-based rights

As the consultation for the Gender Recognition Reform (Scotland) Bill draws to a close, equality practitioners could be forgiven for deciding not to comment on what has become a fraught debate. The government appears to consider there will be no impact on sex-based rights, a curious position when statute and case law are considered, writes solicitor Rebecca Bull.

Published 24 February 2020

Martin Mackay: Five reasons to work in law in the Highlands

Martin Mackay extolls the benefits of working in the Highlands.

Published 21 February 2020

Sarah Alexander: Adjudicator's use of third parties

Sarah Alexander discusses the case of Babcock Marine (Clyde) Ltd v HS Barrier Coatings Ltd [2019] CSOH 110 and its impact on what an adjudicator needs to do if they use other people (like a QS) when preparing their decision.

Published 19 February 2020

Jordan Hay: Transformation of UK land use crucial to achieving net zero targets

The climate emergency has risen to the top of the UK’s political agenda in recent years, with green issues set to become one of the biggest political hot potatoes of the decade. Last year, the UK legislated for net zero greenhouse gas emissions by 2050. This was recommended by the Committee on Climate Change (CCC), the UK’s independent climate advisory body and is one of the most ambitious in the world. Scotland has committed to reaching net zero by 2045, five years earlier than the UK as a whole, writes Jordan Hay.

Published 19 February 2020

The Margaret Taylor Interview: Angela Grahame QC on breaking the mould

In the first of her interview series for Scottish Legal News, legal journalist Margaret Taylor interviews Angela Grahame on her time as Vice-Dean of the Faculty of Advocates.  Ange

Published 18 February 2020

Hector MacQueen: Cohabitants, unjustified enrichment, contract and subsidiarity – Pert v McCaffrey

A mere "one-and-a-half cheers" for the Inner House's five-judge ruling in Pert v McCaffrey, in which there was "no need" to invoke a doctrine of enrichment's subsidiarity in an analysis that was "much less sophisticated than it needed to be", writes Professor MacQueen.

Published 18 February 2020

Julie Hamilton: Defamation, social media and the right to insult

The Defamation and Malicious Publication (Scotland) Bill was introduced into the Scottish Parliament on 2 December 2019. Implementing many of the Scottish Law Commission’s recommendations on reforming the law of defamation in Scotland, it seeks to codify the current piecemeal approach to an area of law that is growing in significance, writes Julie Hamilton.

Published 13 February 2020

Mike Dailly: Rent law must change to prevent profiteering at expense of poor

Legislation is required to tackle high rents in Scotland as efforts to date have failed to make an impact, argues Mike Dailly.

Published 12 February 2020

Douglas Strang: Can an employee withdraw their resignation?

When is a resignation not a resignation? Douglas Strang looks at a recent case that serves as a cautionary tale for employers.

Published 11 February 2020

Misogynistic harassment: advancing Scots criminal law?

Dr Kim Barker, lecturer in law at Stirling Law School, and Dr Olga Jurasz, senior lecturer in law at the Open University Law School, look at the proposed reforms to the hate crime regime.

Published 7 February 2020

Shirley McIntosh: Legal sector faces new challenges thanks to property tax changes

Shirley McIntosh, tax partner at RSM, discusses the challenges facing the legal sector amid changes in property tax.

Published 6 February 2020

Stephen Webster: What shape should commercial lease reform take?

Stephen Webster considers the issues surrounding the reform of commercial leases.

Published 4 February 2020

Ronald Conway: What have the Romans (and other European partners) ever done for us?

Ronald Conway responds to Michael Upton's recent reflections on Brexit.

Published 3 February 2020