Articles



Judging the appointments process – a tale for wannabe sheriffs

A lawyer writes about their experience applying for a role in Scotland's judiciary, covered in SLN earlier this year.

Published 16 August 2019

Blog: Show me the money – Court of Session rules diligence on the dependence can be granted in Employment Tribunal claims

A recent decision by the Inner House of the Court of Session held that Scottish courts have the ability to grant protective orders against an employer’s assets even where claims have been brought against them in an Employment Tribunal, write Eleanor Mannion and Laurie Anderson.

Published 14 August 2019

Gordon Ritchie: Scotland's criminal justice system has been gravely undermined

Defence solicitor Gordon Ritchie charts the decline of Scotland's justice system and respect for the rights of the accused.

Published 13 August 2019

Tricia Walker: A casual calculation – holiday pay for irregular workers

Employers will be taking a sharp intake of breath at the recent decision of the Court of Appeal in the case Brazel v The Harpur Trust (UNISON intervening) which addresses how to calculate pay for workers and employees who work irregular hours throughout the year, writes Tricia Walker.

Published 12 August 2019

Blog: What happens when insolvency, equal pay and TUPE collide?

Equal pay claims have certain special features, and the case of Graysons Restaurants Ltd v Jones and others highlights what that means in an insolvency context. Equal pay claims are based on discrimination principles but are basically breach of contract claims. They also have a unique treatment under Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE): in the case Allana Sweeney and Elouisa Crichton highlight below, there were three TUPE transfers. Add to that an insolvency situation and sums guaranteed by the National Insurance Fund (NIF), and things get rather interesting.

Published 8 August 2019

Rodney Whyte: Scots law missing a trick on ‘later living’ projects

Rodney Whyte, partner and specialist in residential land development at Pinsent Masons, looks at how Scots law is holding back "later living" developments.

Published 2 August 2019

Our Legal Heritage: The Great Scottish Witch Hunt of 1597

Lauren Brown looks back at the long summer of 1597 when Scotland was swept by witch-finding fever.

Published 2 August 2019

Michael Thomson: The self-crowning creditor?

Earlier this year the UK government consulted on crowning HMRC with a promoted ranking in the insolvency of corporates and individuals. This month, it has published the draft 2019-2020 Finance Bill containing the legislative provisions that will bring this coronation into law. Michael Thomson explains the details.

Published 1 August 2019

Gillian Craig: Notice requirements under the judicial spotlight again

The Inner House of the Court of Session has again considered the vexing issue of notice requirements, write Gillian Craig and Josh Grieveson.

Published 1 August 2019

Andrew Foyle: Calling up notices case raises more questions than answers

Andrew Foyle reasons that new case law on calling up notices has simply raised more questions for lawyers in search of answers.

Published 31 July 2019

Professor R. Daniel Kelemen: New leaders and old problems – Brexit and the rule of law crisis

Professor R. Daniel Kelemen, professor of political science and law and Jean Monnet chair in European Union politics at Rutgers University, writes on the change of leadership in the UK and the EU.

Published 31 July 2019

Stuart Clubb: To petition or not to petition?

Stuart Clubb highlights the significance of a recent decision of the Inner House of the Court of Session regarding the insolvency of Scottish companies carrying out business in India.

Published 30 July 2019

Alistair Wood: English bribery case highlights advantages of Scottish self-reporting system

Back in March, my colleague Tom Stocker discussed the findings of a House of Lords select committee which reviewed the 2010 Bribery Act, and specifically how businesses self-report suspected cases of bribery and corruption.

Published 26 July 2019

Kate Donachie: Discount rate for personal injury claims increases in England - but Scotland’s hands are tied

On 15 July, the Lord Chancellor announced that the discount rate for England and Wales would be increased from -0.75 per cent to -0.25 per cent. This is a lower increase than had been predicted and a disappointment for the insurance industry, who do not believe it will allow for an appropriate assessment of future loss claims (such as claims for future earnings or care); but what does the decision mean, if anything, for Scotland? Kate Donachie explains.

Published 26 July 2019

Jonathan Tait: FaceApp – fun on the face of it…

Jonathan Tait discusses the concerning details of a popular new app.

Published 25 July 2019