Articles



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

Tom Wood: Male victims of domestic abuse subject to blatant inequality

Tom Wood notes how the Scottish government has neglected one minority group.

Published 3 September 2018

Eric Baijal : Polluters must pay

On 28th August 2018, Lord Docherty issued his opinion in the application of the Joint Liquidators of Doonin Plant Limited for directions. Eric Baijal examines the case.

Published 31 August 2018

Rebecca Ablett: Full plate for the Court of Justice

Rebecca Ablett serves up a two-course dish of intellectual property delights from Luxembourg.

Published 29 August 2018

Chris Gardiner: Can a text message be a valid will?

Chris Gardiner looks at electronic wills after a French court in the city of Metz ruled that a text message could not be regarded as a valid will.

Published 24 August 2018

Nicola Edgar: The strange case of Dr Bawa-Garba

Recently, the Court of Appeal ruled that Dr Bawa-Garba should be reinstated to the medical register following the widely publicised case involving her care of six-year-old Jack Adcock in 2011, which led to his tragic death. The case has sparked international debate in relation to support available for NHS staff and there have been accusations of scapegoating in an overstretched, under-resourced hospital. Nicola Edgar examines the case and surrounding law.

Published 23 August 2018

Jacqueline Cook: Will Islands Act live up to lofty aims?

Jacqueline Cook looks at recently passed legislation aiming to promote and protect the interests of the islands.

Published 21 August 2018

Gillian Rushbury: Defending the defendants

A recent Supreme Court ruling in an English case offers highly persuasive guidance on whether Scottish employers who are sued for their employees’ alleged acts owe a duty of care to those employees when defending such civil proceedings. This guidance could have implications for the conduct of abuse cases, writes Gillian Rushbury.

Published 20 August 2018

Scott Clair: Non-vested contingent interest clarified

Scott Clair comments on a recent Sheriff Appeal Court case that found the scope of non-vested contingent interest to be greater than previously thought.

Published 20 August 2018

Blog: Don't be evil – Google fined record £3.8bn for abusing dominant position

On 18 July the EU Commission handed Google a record fine of £3.8bn (€4.34bn) for abuse of its dominant position in relation to the Android operating system. David Flint and Rebecca Henderson explain why the tech giant incurred the Commission's wrath.

Published 10 August 2018

Katrina Lumsdaine: Supreme Court decision may impact on directors and prescriptive periods in Scotland

Scottish insolvency practitioners may be able to use a decision of the Supreme Court in an English case on time limit in support of bringing claims against company directors, even if the claims are over five years old and, on the face it of it, are out of time, writes Katrina Lumsdaine.

Published 10 August 2018

Blog: French case clarifies 'consent' under GDPR

Val Surgenor and Rebecca Henderson discuss a French case that will likely serve as guidance on the interpretation of "consent" under GDPR.

Published 7 August 2018

Alan Cook: Proposed rates reforms a boon to the commercial property sector

Scotland's commercial property sector stands to benefit from proposed reforms to business rates – on which the Scottish government is currently consulting, writes Alan Cook.

Published 3 August 2018

Blog: Feel secure in the Scottish courts

A Court of Session or Sheriff Court action can be raised for the sole purpose of obtaining security pending the outcome of a case being decided in a foreign court, according to the recent Inner House case of AA v Secretary of State for Business, Energy and Industrial Strategy and the Commission for Equality and Human Rights. Julie Hamilton and Sarah Hobkirk summarise the judgment.

Published 2 August 2018

Notable British Trials series revived after 58 years

John Forsyth looks at the revival of the Notable British Trials series.

Published 1 August 2018