Articles



Oliver Garner: New Irish Protocol could lead to indefinite jurisdiction of EU Court in the UK

The infamous ‘backstop’ is gone, but the new Irish Protocol could lead to the indefinite jurisdiction of the Court of Justice of the European Union within the United Kingdom, writes Oliver Garner of the British Institute of International and Comparative Law.

Published 31 October 2019

Alasdair Docwra: Glasgow City Council's 'harsh' position on foster carers

The issue of whether foster carers are to be regarded as local authority employees and therefore be accorded rights associated with such a position is emotive, but is also extremely important to see resolved, writes Alasdair Docwra.

Published 31 October 2019

Johan Findlay: A history of women on the Justice of the Peace bench

Johan Findlay JP OBE looks at the history of women on the JP bench.

Published 31 October 2019

Jaime Campaner: Was the Spanish Supreme Court crushing legitimate dissent or properly upholding the law?

The decision to jail the Catalan leaders has caused widespread outrage. Is the outrage justified? When regional nationalist leaders openly defy the law, what is the proper response of central government? These are questions with which the Spanish Supreme Court has had to grapple. They may yet come to be asked in the United Kingdom. Dr Jaime Campaner, practising lawyer and associate professor in procedural and criminal law at the University of the Balearic Islands, defends the Spanish Supreme Court from what he believes to be misplaced criticism.

Published 30 October 2019

Danielle Stevenson: An amicable divorce is possible

Danielle Stevenson, senior solicitor at Jones Whyte Law, looks at the collaborative approach to divorce.

Published 29 October 2019

Lord Kinclaven: Realistic court cases make learning fun

Lord Kinclaven shares insights from the MiniTrial legal education scheme, teaching thousands of Scottish pupils about the justice system.

Published 28 October 2019

Graeme Di Rollo: Shanks v Unilever - A win for inventors in the Supreme Court

Solicitor Graeme Di Rollo of Burness Paull examines the Supreme Court's ruling in Shanks v Unilever.

Published 25 October 2019

Alasdair Docwra: Scottish Catholic Church’s response to surrogacy reform is cause for concern

Alasdair Docwra, family law partner at Thorntons, examines the reaction to proposed surrogacy law reform.

Published 25 October 2019

Ewan McIntyre: A legal letter from Lyon

Ewan McIntyre, partner at Burness Paull and expert in professional negligence and financial services litigation with over 25 years’ experience, is currently enjoying a secondment with Racine, one of the main independent French law firms, in its Lyon office.

Published 25 October 2019

Roddy Cormack: Public procurement cake and SME benefits

Public procurement policy and practice, when it comes to facilitating SME involvement, seems to be focused solely upon ensuring there are opportunities at a sub-contract level. But, asks Wright, Johnston & Mackenzie legal director Roddy Cormack, does this focus miss the sweet spot in terms of actual benefit to the SME economy?

Published 25 October 2019

Michael Upton: Court of Appeal hands down first Electronic Communications Code judgment

Advocate Michael Upton of Hastie Stable examines a judgment handed down by the England and Wales Court of Appeal on Tuesday.

Published 24 October 2019

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