Articles



Iain Young: Looking ahead to a year of (tax) change

Iain Young considers the year ahead in tax.

Published 11 February 2021

Benjamin Bestgen: Paper abortions – equality in parenthood?

Should men be able to reject fatherhood without attracting legal obligations? Benjamin Bestgen considers this and other questions around abortion in this week's jurisprudential primer. See his last one here.

Published 10 February 2021

Thomas Ross QC: EncroChat – The Court of Appeal judgment

Thomas Ross QC dissects the latest judgment in the fascinating EncroChat saga.

Published 8 February 2021

Elizabeth Bremner: Employment law in 2021

Elizabeth Bremner takes a look at what 2021 has in store for employment law.

Published 8 February 2021

LGBT History Month: Deborah Allan – Balancing Body, Mind and Spirit

Deborah Allan takes stock of the steps taken in pursuit of LGBTQ+ equality and inclusivity. 

Published 8 February 2021

Alistair Bonnington: Not a bridge too far

The Scottish Parliament's Committee on the Handling of Harassment Complaints is reaching the most crucial stage of its difficult task. On Tuesday Alex Salmond gives evidence. After hearing the evidence of that crucial witness the committee will turn its attention to the evidence of Nicola Sturgeon.

Published 5 February 2021

Douglas J. Cusine: Disinheriting the family – who should be entitled to a fixed share?

I read with great interest, the article by Benjamin Bestgen The Rights of the Dead. My comment is directed solely at ”disinheriting the family”.

Published 5 February 2021

Jenny Dickson: The different scope of statutory inquiries across the UK

In recent times, we have seen an increase in the number and scope of public inquiries. A day doesn’t go by when the headlines don’t include reference to one of the current inquiries: Grenfell, Infected Blood, Child Abuse. In 2020, we represented clients at a number of high profile public inquiries. One thing which the prevalence of inquiries highlights is the importance of taking into account the potential that your client may require to respond to more than one inquiry, covering similar subject matter. This is most likely when your client has operations throughout the UK and may be involved in inquiries in different jurisdictions.

Published 5 February 2021

Shirley Phillips: Blended model of legal traineeships set to continue

Traditionally it has been understood that legal trainees learn best from experience in an office environment but with the advent of the pandemic, Shirley Phillips, director of people at Thorntons, believes that blended learning could enrich the education for trainee solicitors and will influence future cohorts.

Published 4 February 2021

Anne Miller: Landowners challenge notices to terminate telecomms leases

The case of EE Ltd and H3G Ltd v Duncan and others came before the Lands Tribunal for Scotland in the summer to be heard as a conjoined application. The case considered how the Electronic Communications Code contained within the Digital Economy Act 2017 applied to leases running by tacit relocation and notices served under Para 33(1) of the code. Anne Miller explains the case.

Published 3 February 2021

John Sturrock QC: The costs of litigating

The Times reported last week on a bitter boundary dispute between two pensioners, each in their eighties, over a strip of land less than a metre wide. Apparently, the legal battle has cost them £500,000, contributed to the death of a spouse and caused stress-related illness. The parties have been engaged in a seven-year dispute at Perth Sheriff Court. Now the sheriff is urging them to drop the case, saying that it is difficult to identify the benefit in continuing to litigate when judged against the effort and expense involved.

Published 3 February 2021

Benjamin Bestgen: The rights of the dead

Benjamin Bestgen this week explains that the extinction of rights upon death is more complicated a matter than it first seems. See his last jurisprudential primer here.

Published 3 February 2021

Ex-sheriff says ‘Rangers case’ has eroded respect for Scottish lawyers

Former sheriff Douglas J. Cusine asks where the responsibility lies in Scotland's malicious prosecution scandal, the greatest crisis in the history of the Crown Office.

Published 2 February 2021

Emma Hendrie: LGBT History Month – how it all began

Shepherd and Wedderburn trainee Emma Hendrie kicks off the firm's celebration of LGBT History Month with a look at the history of the month itself, an explanation of this year’s theme – Body, Mind, Spirit – and how you can show your support.

Published 2 February 2021

Dr Sarah Munro: EAWs and extradition post-Brexit – the need for mutual trust

Trust between the UK and EU has been dented by the trade row last weekend over Covid vaccines. That same trust is going to be a key issue in how crime is investigated across borders post-Brexit, writes Sarah Munro.

Published 1 February 2021