Articles



Daniel Wincott: Brexit and UK devolution

Daniel Wincott, Blackwell professor of law and society at the University of Cardiff, explores the impact of Brexit on devolution across the UK.

Published 9 November 2020

Peter Graham: Litigation lessons from a Pirate of the Caribbean

The Johnny Depp case shows you should never go to court before quantifying the risk, writes Peter Graham.

Published 9 November 2020

Louise Laing: The return of Crown preference – is the time right to change the order of priority?

The re-introduction of Crown preference and the resulting change in the order of priority of creditors on insolvency was announced as part of the Autumn budget in 2018, way before anyone had heard of Covid-19, and was originally due to come into force on 6 April 2020. It was delayed until 1 December 2020 in terms of the 2020 budget which was presented to Parliament on 11 March 2020, the same day as the World Health Organization declared the outbreak of Covid-19 to be a pandemic.

Published 5 November 2020

Benjamin Bestgen: Sketching a legal system

What's in a legal system? Benjamin Bestgen supplies the principal ingredients. See his last primer here.

Published 4 November 2020

Mark Conway: Party like a litigant

In this article, Mark Conway describes his experience as a party litigant. Mr Conway was convicted and imprisoned in 2017 after defrauding Dundee City Council of more than £1 million, due to a gambling addiction. He represented himself at the High Court after his case was referred to the court by the Scottish Criminal Cases Review Commission. He succeeded at the High Court and his sentence was reduced to four years' imprisonment, running from 2 August 2017.

Published 4 November 2020

Fergus Whyte: How pro bono work helps plug gap of unmet legal needs

This is National Pro Bono Week which provides a useful opportunity to think about when and how lawyers provide legal services to those in need.

Published 3 November 2020

Alan Mcintosh: Scotland could be facing a tsunami of car repossessions

The financial hurricane resulting from the coronavirus crisis is now beginning to touch down on the personal finances of millions of Scots and like all great storms, is going to leave a trail of destruction in its aftermath, with debris being made up from broken tenancy, mortgage, and consumer credit agreements.

Published 2 November 2020

Thomas Muinzer: Climate Crisis – the Seventh Gas Campaign

Dr Thomas Muinzer details the work of the Scottish Climate Emergency Legal Network this year.

Published 29 October 2020

SLAS dismayed at Prime Minister and Home Secretary’s attack on lawyers

Andrew Stevenson, Secretary of the Scottish Law Agents Society (SLAS) criticises attacks on “leftie lawyers” made by Boris Johnson and Priti Patel at this year’s Conservative Party Conference.

Published 28 October 2020

Benjamin Bestgen: Law in science fiction and fantasy

In the thirtieth article in Scottish Legal News' jurisprudential primer series, Benjamin Bestgen takes a look at fictional legal systems. See his last entry here.

Published 28 October 2020

Shirley Wyles: A matter of time

Where do you see yourself in five years? When this question is asked at a job interview or work appraisal, no clarification is needed on the starting point for the five years. The words “from now” go without saying. The starting point of a crucial five year period for certain claims in Scots law may not always be so clear.

Published 26 October 2020

Our Legal Heritage: Black History Month – Henry Dundas, lofty hero or lowlife crook?

Chris Holme looks at the life of Henry Dundas, a controversial figure who has come under scrutiny this year in the wake of the Black Lives Matter movement.

Published 26 October 2020

New immigration rules loom as Brexit approaches

Thorntons' Gurjit Pall has urged Scottish businesses to apply for a Home Office sponsor licence as the Brexit transition period draws to a close – to ensure they can still access the best overseas talent.

Published 23 October 2020

Our Legal Heritage: Black History Month – Dido Elizabeth Belle

To mark Black History Month, SLN is dedicating its ‘Our Legal Heritage’ slot to Scotland’s black history.  

Published 23 October 2020

Opinion: Alistair Bonnington on Scotland’s malicious prosecution shame

An astonishing admission was made by Scotand's Lord Advocate in the Court of Session at the end of August. He conceded that his predecessor's 2012 prosecution of the two men called in as administrators of Rangers Football Club was malicious. This is a shameful milestone in the legal history of this nation.For as long as anyone can remember, every Scots law student was taught that there never has been, nor ever will be, a successful application to have a Scottish prosecution declared to be malicious. That's because the test to prove malice is, in law, impossibly high; and in any event, those who hold the ancient Scots office of Lord Advocate would never misuse their constitutional power in that way.

Published 22 October 2020