Articles



SCTS: Covid-19 arrangements in court and tribunal buildings

Eric McQueen, chief executive of the Scottish Courts and Tribunals Service (SCTS), has written to bar associations in response to a letter raising concerns about the implementation of Covid-19 protections in court and tribunal buildings. We reproduce his letter in full below.

Published 29 January 2021

Joanne Gillies: Court ruling could limit compensation for PPI claims

Joanne Gillies, partner and insolvency disputes specialist at Pinsent Masons, examines a recent ruling by the Court of Session.

Published 29 January 2021

Mandy Laurie: No vaccine, no entry to the workplace?

Mandy Laurie of Burness Paull explores whether employers can force employees to receive the Covid-19 vaccine.

Published 28 January 2021

Ian McMonagle: Pitfalls looming for property owners as new tax rules come into effect

Ian McMonagle, tax specialist at Russell & Russell Business Advisers in Glasgow, is predicting a fresh spate of late notice penalties in the wake of changes made at the start of this tax year to how and when residential property owners pay tax on the sale of a home.

Published 28 January 2021

Eamon Keane: Clarity on Salmond inquiry

Eamon Keane responds to Alistair Bonnington on the Scottish Parliament's Salmond inquiry.

Published 27 January 2021

Dave Penman: Conspiracy theories have no place in Salmond commentary

Dave Penman, general secretary of the FDA trade union, which represents Scottish government civil servants and prosecutors, responds to Alistair Bonnington on the Salmond inquiry.

Published 27 January 2021

Benjamin Bestgen: Respectable offenders

Benjamin Bestgen examines the impact of "respectability" in criminal trials. See last week's jurisprudential primer here.

Published 27 January 2021

Alistair Bonnington: Salmond inquiry reflects poorly on Scotland’s democratic traditions

There never has been a clearer case made out for the utility of law and lawyers than the so-called Salmond Inquiry in the Scottish Parliament. The "Committee on the Scottish government handling of harassment complaints" to give it its correct title, has thus far failed to unearth the truth about the machinations within the Scottish government quite simply because it isn't equipped to do so. Inevitably there is strong suspicion that this Committee was given the job precisely because it would have insufficient expertise or powers to investigate adequately.

Published 25 January 2021

Jodi Gordon: The courts are getting there virtually

Jodi Gordon, partner at Road Traffic Accident Law (Scotland) LLP, comments on the development of remote hearings during the Covid-19 pandemic.

Published 25 January 2021

Dr Anne Sammon: Can UK employers require staff to be vaccinated?

Whether UK employers require staff to be vaccinated is a question that has been doing the rounds since the Pfizer vaccine became available. My experience is that clients start the discussion thinking that they might want to mandate, or very actively encourage employees to be vaccinated, but having had legal advice tend to back-track and decide that actually they will probably remain agnostic.

Published 22 January 2021

Gordon Keyden: No implied term of compliance with building and fire safety standards in lease of a storage unit

D C Watson & Sons (Fenton Barns) Ltd, owner of storage premises known as the Turkeytorium, in East Lothian, have achieved dismissal of an action for damages at debate, following a fire at the premises. Clyde & Co's Gordon Keyden explains the details of the case.

Published 21 January 2021

Our Legal Heritage: The Mountain Bard in Court, 1821

Andrew Stevenson reflects on a literary-cum-legal encounter between two of Scotland's greatest writers. 

Published 20 January 2021

Benjamin Bestgen: Held to higher standards

Benjamin Bestgen considers the fairness of the high standards to which we hold lawyers. Read last week's jurisprudential primer here.

Published 20 January 2021

B&Q employee fails to establish liability after cutting hand with safety knife

A new judgment provides further analysis of employers' duties post-Enterprise and Regulatory Reform Act 2013 and reiterates the importance of pleadings, writes Eoin Quinn, of Keoghs, who acted for the defender in the case.

Published 15 January 2021

Naomi Cunningham: Measures to increase female representation in Parliament – who can benefit?

Last week’s hearing in the Court of Session in For Women Scotland’s judicial review of the Scottish government’s Gender Representation on Public Boards Act 2018 put the spotlight on whether trans women should be able to benefit from measures intended to address the under-representation of women in different areas of public life, writes Naomi Cunningham.

Published 15 January 2021