Articles



Blog: ‘You can’t say that about me’ – an overview of the new defamation law in Scotland

Lauren Rae and Ryan McCuaig outline the coming defamation regime and its advantages.

Published 1 June 2021

Orthodoxy on trial I: the pathogenesis of a diagnosis

David J Black explores the dangers of orthodoxy in the first in a four-part medico-legal series.

Published 1 June 2021

Tom Stocker: New sanctions regime proves its worth

The UK has imposed its first asset freezes and travel bans under a new sanctions regime targeted at individuals and entities suspected of corruption and bribery overseas, writes Tom Stocker.

Published 28 May 2021

Simon Boendermaker: Relinquishment and assignation of 1991 Act tenancies

The long-awaited relinquishment and assignation procedure in respect of 1991 Act agricultural tenancies came into force on 28 February 2021. Simon Boendermaker explains the details. 

Published 25 May 2021

Blog: Urgent reform is needed to the law of damages for unlawful eviction

The law of damages for unlawful eviction in Scotland fails victims and does little to deter landlords. It requires urgent reform, write Rebecca Morton, Shaun McPhee and Ben Christman of the Legal Services Agency.

Published 24 May 2021

Duncan Glassey: The madness of crypto… another tulip?

We humans are never lacking in our enthusiasm for crazy ‘investment’ ideas. Around four hundred years ago the Dutch managed to work themselves into a frenzy over tulip bulbs. At the height of the hysteria one bulb of Semper Augustus apparently changed hands in exchange for 12 acres of land. In the 1700s the South Sea Company Bubble ruined many as the stock price rose almost ten-fold in 1720, largely on the back of false rumours, and then crashed precipitously. Even Sir Isaac Newton himself got burnt, losing almost all of his savings.

Published 24 May 2021

Audrey Ferrie: Protect staff as UK hospitality sector reopens

With most of Scotland’s hospitality sector reopened after lockdown, employers will need to consider what impact new ways of working will have on the mental health of the workforce, writes Audrey Ferrie.

Published 21 May 2021

Shirley Li‑Ting: Spotlight on landlord remedies in CVAs

The Corporate Insolvency and Governance Act 2020 imposed a temporary halt on the use of statutory demands and winding up petitions where the tenant is unable to pay its bills because of coronavirus. As a result two uniquely Scottish remedies available to landlord creditors have come into the spotlight, particularly in relation to retail CVAs, writes Shirley Li‑Ting.

Published 20 May 2021

Roz Boynton: Spaces for people – cycling for life or just for Covid?

Back in March 2020, when the world turned upside down, whilst we started panic buying toilet roll, washing our hands singing Happy Birthday, doing Zoom pub quizzes and our daily Joe Wicks workouts, another strange phenomenon materialised: Spaces for People.

Published 18 May 2021

Robert More: Big trouble in our little justice system

The Scottish government has made a conscious decision to deprive the legal aid system of funding. The number of lawyers able to service the scheme is dwindling. Wooed by COPFS or simply unwilling to be the sticking plaster in a broken system, they have left. As lawyers strike today, solicitor advocate Robert More tells us what the government will not.

Published 17 May 2021

Roddy Dunlop QC: Why the default position should be in-person court hearings

While remote hearings have proven useful over lockdown, they should not supplant in-person justice, says Dean of Faculty, Roddy Dunlop QC.

Published 17 May 2021

Fifty-three shades of grey

In the 53rd and bonus addition to the jurisprudential primer series, Kapil Summan discusses the debate around the 'not proven' verdict and the views of its supporters and detractors. Thanks are due to Benjamin Bestgen and Dr Brian Barry, of Technological University Dublin, with whom the author had useful discussions on this topic. See the 52nd primer here.

Published 11 May 2021

Andrew Stevenson: Constitutional challenge on UN Rights of the Child bill could lead to further litigation

Further legislation incorporating international conventions into Scots law could also face legal challenges, warns Andrew Stevenson.

Published 10 May 2021

John Sturrock QC: Delivering a net zero carbon civil justice system

The civil justice system also has its part to play in tackling the climate emergency, writes John Sturrock QC.

Published 10 May 2021

Blog: Looks can be deceiving

World markets are very difficult to predict, and predicting the fortunes of a single company or stock is almost impossible. As consumer choices determine the success of a product, and with human nature being unpredictable and inconsistent, selecting the ‘right’ stock to buy is certainly a challenge, write, Daniel McIntosh & Patrick Christie.

Published 10 May 2021