Jim Herd: Personal injury claims – employer’s responsibility at the Christmas Party

To what extent is an employer vicariously liable for the wrongful actions of its staff which take place outwith the usual ambit of daily workplace activities? Jim Herd looks at a recent English judgment on the issue.

Published 19 October 2018

Opinion: Civil cases for rape are access to justice, not destruction of justice

The Scottish Women’s Rights Centre (SWRC) and JustRight Scotland (JRS) are deeply concerned by the publication of the article in this week’s Herald: “Stuart Waiton: Scots men are at risk of being branded ‘rapist’ for political reasons” and subsequent blog in Scottish Legal News: “Do civil rape cases mark 'destruction of justice'?”.

Published 18 October 2018

Eamon Keane responds to Dr Stuart Waiton’s opinion column on rape and civil law

Solicitor Eamon Keane responds in a personal capacity to yesterday's piece by Dr Stuart Waiton. The views expressed are his own.

Published 17 October 2018

Blog: Do civil rape cases mark ‘destruction of justice’?

Dr Stuart Waiton looks at the issue of rape being examined in the civil court following vindication of an accused at trial.

Published 16 October 2018

Louise Gallagher: Slow down, you move too fast

With a bill introduced to the Scottish Parliament to reduce the general speed limit from 30mph to 20mph, Louise Gallagher looks at the legal implications of this and other attempts to protect or benefit “vulnerable road users”.

Published 15 October 2018

Joanna Fulton: Brexit – trading in a no-deal scenario

If the UK and the EU fail to agree the terms of our withdrawal from the EU prior to March 2019, we will find ourselves in a “no-deal” or “cliff edge” scenario, writes Joanna Fulton.

Published 12 October 2018

David Hossack: I won’t see you in court

David Hossack extols the benefits of mediation following the recent publication of a report from Holyrood. I read with great interest the recently issued report of the Justice Committee of the Scottish Parliament entitled "I won't see you in court: alternative dispute resolution in Scotland". As a practising mediator for over 14 years I do not need to be persuaded of the benefits of mediation as a form of dispute resolution. Indeed I consider that, in many cases, it may be the m

Published 10 October 2018

Robbie Wilson: Expert witnesses need to know about any differences in witness evidence

The dangers of expert evidence in a medical negligence case being based on only one witness's account where that account is disputed by another witness has been highlighted in the recent decision in Taylor v Dailly Health Centres, writes Robbie Wilson. The decision from the Outer Hou

Published 9 October 2018

Blog: Heathrow Airport Limited fined £120,000 by ICO

This week, the ICO fined Heathrow Airport Limited £120,000 for serious breaches of the Data Protection Act 1998. Whilst this decision is under the “old” data protection rules, it provides some helpful guidance from the ICO on what organisations should be doing to avoid such action by the ICO in the future. Val Surgenor and Rebecca Henderson explain the details of the breach and action.

Published 9 October 2018

Our Legal Heritage: US founding father and Supreme Court justice James Wilson

Global attention has recently focused on the appointment of Brett Kavanaugh to the US Supreme Court, but Graham Ogilvy reports that the appointment of Scottish lawyer James Wilson as one of the first six SCOTUS justices was also controversial — when Wilson was twice incarcerated in a debtor’s prison while a sitting judge and narrowly avoided impeachment for promoting legislation that favoured his fellow land speculators.

Published 9 October 2018

Rory Alexander: Pay due regard to the Fairer Scotland Duty

Rory Alexander discusses the Fairer Scotland Duty and the opportunity it affords local authorities to tackle inequality.  

Published 8 October 2018

Meghan Jenkins: Breach minimum wage regulations at your peril

Meghan Jenkins warns employers about HMRC fines of up to £20,000 per underpaid worker for breaching National Minimum wage obligations – fines that are levied on top of the obligation to reimburse the underpaid wages.

Published 4 October 2018

Morag Moffett: The power of conversation

Hardly a day goes by without another newspaper article or statistic about the challenges of being a working parent, the rise in sex-related discrimination in the workplace, and the ever persistent gender pay gap. As a caregiver, it is hard, at times, to see light at the end of the tunnel.

Published 28 September 2018

Euan Duncan: Copyright or copywrong?

Following much controversy surrounding the European Union’s proposed Copyright Directive, MEPs have voted again on the Directive, this time in a vote of support with 438 in favour, 226 against and with 39 abstentions, writes Euan Duncan.

Published 14 September 2018

Donald MacKinnon: Does ‘pre-pack’ deal protect House of Fraser’s staff?

Donald MacKinnon looks at how the rights of House of Fraser’s 17,500 employees may be affected following the deal with Mike Ashley’s Sports Direct.

Published 14 September 2018