Articles



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

Victoria Kerr: Businesses should consider enhanced shared parental pay

Victoria Kerr examines why businesses should consider enhanced shared parental pay.

Published 28 June 2019

Andrea Martin: Can social media firms really regulate themselves?

Andrea Martin comments on social media regulation in the wake of a harrowing case in Ireland which saw two 14-year-old boys become the youngest convicted murderers in the history of the country after being found guilty of the murder of 14-year-old Ana Kriegel.

Published 26 June 2019

Dr Ben Christman: 21 years of Aarhus – how long the wait for affordable access to environmental justice in Scotland?

Dr Ben Christman looks at the Scottish civil justice system's failures in enabling access to environmental justice.

Published 25 June 2019

Blog: No pictures, please – Scotland v England as a forum for defamation cases

The Court of Appeal in England & Wales has handed down its judgment in the matter of Howard Kennedy v The National Trust for Scotland [2019] EWCA Civ 648, on appeal from the decision of Sir David Eady, sitting as a judge of the High Court on the Queen's Bench Division Media and Communications List. CMS lawyers Dan Tench, Emma Boffey, Graeme MacLeod and Joanna Clark examine the case.

Published 21 June 2019

Lisa Gregory: Super Puma crash highlights Scotland's FAI failings

Since the announcement last week that a fatal accident inquiry is to be held into the Super Puma helicopter crash off Shetland in August 2013, there has been a vociferous response criticising the delay of almost six years, writes Lisa Gregory.

Published 17 June 2019

Stuart McWilliams: Registration of EU nationals ahead of Brexit is critically important

Stuart McWilliams stresses the importance of registration for EU nationals ahead of Brexit.

Published 17 June 2019

Stuart Davey: GDPR data breach notifications in UK among highest in EU

Organisations operating in the UK are reporting data breaches in greater number than in many other parts of the EU and reported incidents have risen dramatically since the introduction of the General Data Protection Regulation (GDPR), writes Stuart Davey.

Published 14 June 2019

Willie McIntyre: Jewel in the Crown no more

I seldom go to the High court these days. High court generally means legal aid, and a recent time and study analysis showed fees earned on such work did not meet office overheads far less make a profit. Thus, the reduced number of High court cases I take on each year are regarded as pro bono because, I can tell you, they don’t do me or my bank manager a lot of bono.

Published 12 June 2019

Laura Edmunds: Mind your language – personal guarantees and personal interpretation

Laura Edmunds looks at the case law on personal guarantees in contracts.

Published 11 June 2019

Jennifer Maciver: Children and the law – a balancing act

When a legal matter involves a child, there is a fine line between protecting the child and excluding them from something which directly impacts them, writes Jennifer Maciver.

Published 10 June 2019

Paul Harvey: Problems with the Strasbourg Court are practical, not philosophical

Advocate Paul Harvey reflects on the third of Lord Sumption's Reith Lectures, in which the former Supreme Court justice takes the ECHR to task.

Published 7 June 2019

John Halley: Youth justice needs compassion, not retribution

On 3 June 2019 Linda and Stuart Allan posted the following on Twitter:

Published 5 June 2019

Tom Stocker: Tackling white collar crime – the role of business

The UK government would do well to replicate the American approach to anti-bribery guidance, writes Tom Stocker.

Published 4 June 2019

Julie Hamilton: Avoiding inexpert witnesses

Julie Hamilton comments on the role of the expert witness in the wake of a recent case south of the border.

Published 4 June 2019