Articles



Ben Zielinski: Terminating a commercial lease – how hard can it be to quit?

Ben Zielinski, a senior associate in the commercial litigation team at Shoosmiths in Edinburgh, considers the significance of a recent judgment in the Court of Session that has given greater clarification of how much notice a landlord needs to give to terminate a commercial lease in Scotland.

Published 24 October 2019

Ian Bowie: Scottish court upholds charitable rates relief arrangement in industrial estate office block

A decision issued last week by the Court of Session in Edinburgh concerning business rates continues a recent trend in which the courts have often upheld arrangements under which full business rates are mitigated through the use of occupational arrangements not seen prior to rates relief being pared back several years ago, writes Ian Bowie.

Published 21 October 2019

Stephen Bryceland: Will Scottish risks become uninsurable?

Scotland has always been different from the rest of the UK when it comes to claims and litigation. With a separate jurisdiction and its own unique legal concepts and rules, it has been essential for insurers to understand and acknowledge the quirks of the Scottish system and to deal with them accordingly. This has simply been one aspect of the business of being a UK-wide insurance provider.

Published 18 October 2019

Richard McMeeken: Potential impact of Brexit on insolvency in Scotland

One of the many unintended effects of an EU exit was that it prompted us lawyers to start writing profound things about what it would mean for our areas of practice.

Published 17 October 2019

Ramsay Hall: Tackling fraud in the construction sector

Following recent regulatory investigations into fake certificates for construction workers, Ramsay Hall looks at the risk of fraud for organisations in the sector and the practical steps that can be taken to mitigate risk.

Published 16 October 2019

Simon Lewis: Insolvency in the construction sector

In the past five years, insolvency rates in the construction industry have increased more quickly than in other industries across the UK. Womble Bond Dickinson (WBD) lawyers Simon Lewis and Philippa Jones consider the common causes of construction insolvency and how construction firms can protect their position if insolvency occurs.

Published 9 October 2019

David Wilson: The definition of practical completion is now practically complete

David Wilson considers a case that clarifies 'practical completion'.

Published 9 October 2019

Michael Upton: Electronic Communications Code rights - who may (or must) grant them?

Advocate Michael Upton of Hastie Stable examines the issues at the centre of an English court appeal being heard this week.

Published 8 October 2019

Richard McMeeken: Benefiting business in Scotland's commercial courts

Richard McMeeken, partner at Morton Fraser, reflects on the benefits of the commercial courts system following its 25th anniversary earlier this year.

Published 8 October 2019

Malcolm Gunnyeon: New bill should avoid compelling parties to attend mediation sessions

Proposed legislation should avoid forcing parties to attend mediation information sessions, writes Malcolm Gunnyeon.

Published 7 October 2019

Rory Alexander: Council collaboration to accelerate economic growth in the Borders

On the 1st July, the Borderlands Growth Deal was officially signed and will see £394.5 million invested into projects that involve five councils in the Borders. Three of these councils are in England, and the two Scottish councils are Dumfries and Galloway and Scottish Borders. The deal encourages collaboration between the local authorities in order to boost the area’s economy.

Published 2 October 2019

James Wolffe QC: Fatal accident inquiries must become more efficient

The Lord Advocate, James Wolffe QC, writes on his desire to improve efficiencies in the Fatal Accident Inquiry system.

Published 27 September 2019

Tara Davison: New sanction for employment of counsel rules expose lacuna in the law

Edinburgh solicitor Tara Davison writes on recent Sheriff Court proceedings exposing a lacuna in the law.

Published 27 September 2019

Conor Gearty: Johnson's behaviour made the Supreme Court case about the very existence of the rule of law

Conor Gearty, professor of human rights law at LSE Department of Law, offers his initial thoughts on the historic Miller/Cherry judgment.

Published 25 September 2019