Articles



Blog: Shifting sands on the definition of 'woman' in Scots law

Dr Kath Murray, Lisa Mackenzie and Lucy Hunter Blackburn highlight some concerns between gender representation legislation and consistency with the Equality Act.

Published 21 April 2020

Douglas Mill: A month of Sundays

Douglas Mill looks at some of the opportunities the current lockdown presents.

Published 20 April 2020

Jennifer Jack: Creative Scotland is not an 'undertaking' under the Competition Act 1998

The Competition Appeal Tribunal has issued its judgment following its first sitting in Scotland in 15 years. On 2 March 2020, the Tribunal, chaired by Lord Doherty, heard legal arguments on whether or not Creative Scotland, the public body that supports the arts, screen and creative industries across Scotland, is an "undertaking" for the purposes of the Competition Act 1998 (CA98).

Published 20 April 2020

Construction lawyer warns against pitfalls of postal service 

A construction law expert has warned against the potential consequences of communicating through post as workers are still being urged to stay at home.

Published 17 April 2020

Mark Lazarowicz: Supporting NHS workers should mean more than clapping

Waiving the immigration health surcharge is the helping hand that migrant NHS workers really require, argues Terra Firma advocate Mark Lazarowicz.

Published 16 April 2020

Graham Boyack: Great opportunities for online mediation

As everyone is forced to adapt to new circumstances due to the coronavirus pandemic mediators are no exception. That said, it would be fair to say that a number of mediators have been conducting their ­practice online for a number of years. I am aware of one mediator who has ­conducted a global mediation ­practice from Hawaii for a number of years and he has not been alone.

Published 16 April 2020

Michael Conroy: COVID-19 and NEC Contracts

With the Scottish government and the Construction Industry Coronavirus Forum advising that all non-essential building sites in Scotland should close in response to the coronavirus pandemic, Harper Macleod partner Michael Conroy outlines what this means for building projects that are governed by the NEC suite of contracts.

Published 15 April 2020

Benjamin Bestgen: Truth in law

In the third of his jurisprudential primers, Benjamin Bestgen looks at truth. See part two here.

Published 15 April 2020

Professor Peter Watson: We need to see the exit

A journey of a thousand miles is said to begin with a single step. I suggest a journey needs a destination. Without this the traveller is lost.

Published 14 April 2020

Louise Herd: My experience working for Clan Childlaw

Justice First Fellow Louise Herd discusses her experience as a trainee at Clan Childlaw.

Published 14 April 2020

Stephen Webster: COVID-19 and commercial leases

The Coronavirus (Scotland) Act 2020 came into force on 6 April 2020. In relation to commercial leases, the act gives tenants under commercial leases in Scotland additional protection from irritancy (i.e. forfeiture or termination). This protection is similar (although not identical) to the protection already given to tenants in England by the Coronavirus Act 2020 (which received Royal Assent on 25 March). The additional protection is temporary in nature – initially until 30 September 2020. However, the Scottish ministers have power to extend the protected period as far as 30 September 2021, as well as to bring forward its expiry date.

Published 9 April 2020

Jim Bauld: Does the new ‘eviction delay’ law protect the antisocial element?

Jim Bauld outlines what the Coronavirus (Scotland) Act means for antisocial tenants.

Published 8 April 2020

‘Deep disappointment’ as Supreme Court refuses appeal in Serco case

Home Office asylum accommodation provider Serco can legally carry out lock-changes evictions on refused refugees in Glasgow after permission to appeal was refused by the Supreme Court.

Published 7 April 2020

Stephanie Zak: Landlords must ensure coronavirus crisis agreements are documented

We have all heard the phrase “no good deed goes unpunished” and it seems very appropriate in the rental market at this extremely difficult time, writes Stephanie Zak.

Published 7 April 2020

Gurjit Pall: New measures introduced for right to work checks

In light of the police-enforced lockdown and other social distancing measures, employers face a new challenge in ensuring they comply with their responsibilities whilst trying to maintain business continuity, writes Gurjit Pall.

Published 7 April 2020