Articles



Cat MacLean: Online fraud – when is a bank to blame?

Cat MacLean, partner and head of dispute resolution at MBM Commercial, explores the judgment issued this morning in Sekers v Clydesdale [2021] CSOH 89.

Published 26 August 2021

Alan Meek: Limited liability – not all it is cracked up to be

Alan Meek, partner and head of Morton Fraser's restructuring and insolvency team, discusses the intricacies of limited liability.

Published 26 August 2021

Rachael Kelsey: Lugano – no breakthrough in sight

A piece in the FT yesterday on the Lugano Convention was one of the first that has looked at the family law consequences of the UK no longer being a party to the Convention (which provides agreed jurisdictional rules in cross border cases for civil and commercial matters, and provides for recognition and enforcement of the resulting judgments).

Published 25 August 2021

Melissa Rutherford: It’s time to talk about trauma

As part of a two-page spread by The Sunday Post highlighting the need for a change of strategy in dealing with drug crime, Melissa Rutherford makes a heartfelt plea for radical reform.

Published 23 August 2021

Carolyn Jackson: As good as one’s word

Carolyn Jackson looks at how the courts have dealt with medical evidence for which there is no record.

Published 23 August 2021

Keith Anderson: Business leaders must listen to staff concerns over office return

As offices around the country begin to reopen, employers must listen to the concerns of staff, writes Keith Anderson.

Published 23 August 2021

Robyn Keay: Trend of increasing value of Scottish fatal claims continues

A Court of Session decision continues the trend of high awards of damages being made by the Scottish courts in fatal claims, writes Robyn Keay.

Published 20 August 2021

Chris Horsley: Construction resources crisis – guidance from Scottish government

Chris Horsley looks at measures contracting authorities may take in order to try to mitigate the current market pressures on resources.

Published 19 August 2021

Daniel McIntosh: Wheels of fortune

Although there are many cogent reasons for everyone owning the same basic car, this is not the case in reality. The luxury car market is enormous. While for many, a personal contract purchase (PCP) is the only way they can afford a £50,000 car, what if you are in the position to spend £50,000 cash on a car? Should you do just that or go down the PCP route?

Published 18 August 2021

Kevin Drummond QC: Only a Scottish judge can investigate the malicious prosecution scandal

It is only a question of “when” the inevitable inquiry into the malicious prosecution scandal will be ordered.

Published 17 August 2021

Gordon Downie: Sweeping reform of consumer protection proposals – what you need to know

Gordon Downie details proposed reform of the consumer protection regime.

Published 17 August 2021

Kelly Hardman: The skill and talent of refugees

Immigration is in the news a lot right now, mostly stories about the UK government’s plans to reform the asylum system in response to small boats arriving on the English South Coast, writes Kelly Hardman.

Published 16 August 2021

Austin Flynn: 30 years in law

Surely I must have learnt something.

Published 12 August 2021

Malcolm Gunnyeon: What are the domestic implications of the Dutch Shell ruling?

Malcolm Gunnyeon considers the domestic implications of a recent corporate emissions decision from the Netherlands.

Published 11 August 2021

Joanne Frew: Employers should consider a WFH penalty carefully

As some employers consider cutting the pay of employees who choose to work from home permanently, Joanne Frew highlights the legal considerations they should take into account.

Published 11 August 2021