Articles



Eoin Quinn: Expenses and pursuers' offers after QOCS

A recent success in the All Scotland Sheriff Personal Injury Court in a slip and trip case where the pursuer failed to prove how her accident happened has raised two issues of perhaps more general application given the looming introduction of qualified one way cost shifting (QOCS), writes Eoin Quinn.

Published 17 July 2019

Val Surgenor: GDPR strikes again – the importance of due diligence

ICO's second GDPR fine in as many days highlights the importance of due diligence in acquisitions, writes Val Surgenor.

Published 12 July 2019

Iain Masterton: Contractors must prepare for potential VAT burden

Accountant Iain Masterton outlines key changes to VAT rules, details why they’ve been introduced and reveals what building contractors must do to ensure they are compliant.

Published 12 July 2019

Colin Hutton: Class action claims could make data breaches disastrous

While the SNP would have been pleased with its strong performance in May’s European elections, the party’s campaign got off to an unfortunate start when thousands of personalised letters (part of a mailshot to more than 400,000 Scottish voters) were sent to the wrong people. It was widely reported at the time how this error had caused some distress among mainly elderly recipients who were concerned their address was being targeted by fraudsters. The SNP, quite properly, reported itself to the Information Commissioner (ICO) and an investigation is now under way with the party facing potential regulatory fines.

Published 10 July 2019

Val Surgenor: British Airways – large GDPR fines now a reality in the UK

The Information Commissioner’s Office (the ICO) has issued notice of its intention to serve a penalty notice (a fine) on British Airways (BA). The ICO intends to fine BA £183.39 million following last year’s personal data breach where “a variety of information was compromised by poor security arrangements” which led to log-in, payment card and travel booking details as well as name and address information of 429,000 online customers being exposed.

Published 9 July 2019

Michael Sheridan: Separation of powers at risk under solicitor regulation proposals

The Roberton Review into the Regulation of Legal Services in Scotland commissioned by the Scottish government was published 10 months ago. The Competition and Markets Authority and the Scottish government have now responded.

Published 8 July 2019

Conor Gearty: The British constitution, Brexit and human rights

The flexibility of the British constitution, once thought to be such a strength, has played a large part in destroying the country. In this edited version of a recent lecture delivered in Cambridge, Professor Conor Gearty (LSE) explains why he now believes more than ever that only the experience of no-deal will bring Britain to its senses.

Published 5 July 2019

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