Articles



John Bett: Burying your head in the sand over furlough mistakes could prove costly

John Bett, partner and head of dispute resolution and litigation at Lindsays, details why ignoring furlough mistakes could be costly for businesses.

Published 7 May 2021

Julie Harris: Pursuer succeeds in ASPIC liability case

Julie Harris of Allan McDougall Solicitors explains the details of a liability case in the All-Scotland Sheriff Personal Injury Court.

Published 5 May 2021

Lorna Hale: Reflections on lockdown – a new mum’s perspective

Lorna Hale provides a new mum’s perspective on the challenges and opportunities of the last year.

Published 5 May 2021

Kelly Hardman: Right to work – right to change policy now?

A revision to the UK government’s right to work policy framework is bemusing some businesses – primarily because it may be seen to override some of the safety principles behind the ongoing Covid-19 restrictions, says Kelly Hardman.

Published 4 May 2021

Stephen O’Rourke QC: The importance of the Advocates Library

The Advocates Library is at the heart of Scotland’s legal system and the heart of an advocate’s daily practice. It has played a central role in the life of the nation since it was founded in 1682 by the then Lord Advocate Sir George Mackenzie of Rosehaugh, who had become Dean of the Faculty of Advocates that same year.

Published 4 May 2021

Sarah Gilzean: Male employee’s shared parental leave not comparable to female adoption leave

Sarah Gilzean explains a recent case in which a male employee on shared parental leave could not compare his treatment with a female on adoption leave.

Published 4 May 2021

Lorna Richardson: Terminating a commercial lease – the need for reform

Lorna Richardson outlines why reform of the regime on terminating commercial leases is long overdue.

Published 30 April 2021

Duncan Glassey: Leverage – a powerful investment tool or a vehicle to squander your fortune?

Leverage, often referred to in investing as a ‘double-edged sword’, is another word for borrowing money to own more of an asset. Much like a mortgage on a house, it enables individuals to own a higher-value asset than they would otherwise be able to afford. However, there is the risk that the value may fall such that the investor ends up owing more than they own (coined ‘negative equity’ in the housing world). This is never a good place to be.

Published 30 April 2021

Benjamin Bestgen: Primer 52 – Self-defence against the police

All good things must come to an end: in this, the 52nd and final of Benjamin Bestgen's jurisprudential primers, he discusses policing. Watch this space, however, as we plan to offer the series in a more permanent form. See his last primer here.

Published 30 April 2021

Roddy Cormack: Who owns what on a partially built project?

As the government continues to push the construction industry to move more of the building process off-site and into factories, Roddy Cormack explores a conundrum which must be solved if the industry is to thrive in this area – who owns what on a partially built project? 

Published 29 April 2021

Iain Penman: Minimal Asset Process (MAP) bankruptcy in Scotland

Iain Penman explains the advantages and disadvantages of a Minimal Asset Process (MAP) bankruptcy in Scotland.

Published 28 April 2021

Eilidh Smith: Learning lessons from Taylor Swift’s IP troubles

Eilidh Smith looks at the lessons we can learn from the IP woes of Taylor Swift.

Published 27 April 2021

Stuart Gillies: Declining use of cash leads to greater confidence in fintechs

Stuart Gillies highlights how the decline of cash during pandemic has resulted in an increase in confidence in financial technology.

Published 27 April 2021

Lord Uist: ‘Not proven’ – not logical or sensible

Writing for Scottish Legal News today, retired judge Lord Uist explains why he supports the abolition of the 'not proven' verdict. There have been many suggestions that 'not proven' is logical because when we make claims about guilt or innocence we stray from certainty; the indicative mood is too strong for some. Yet in the absence of a system that recognises innocence or confers guilt, might courts not become mere umpires, instead of guarantors of justice?

Published 27 April 2021

Not proven: getting the numbers right

Professors James Chalmers, Fiona Leverick and Vanessa Munro take issue with recent claims about how often and in what sort of case the 'not proven' verdict is used.

Published 26 April 2021