Articles



James Lloyd: Homeowners are being caught out by trust deeds

James Lloyd, partner at Harper Macleod, writes on how people are being caught out by the requirement for homeowners to remortgage or sell their property at the end of a trust deed to realise the capital.

Published 23 April 2019

Alison McAteer and Megan Lafferty: The issues to watch for Scottish insurance lawyers

Alison McAteer, senior solicitor at Brodies LLP and president of Tomorrow’s FOIL (Forum of Insurance Lawyers), and Megan Lafferty, associate at Clyde & Co (Scotland LLP) and Scottish representative of Tomorrow's FOIL, write on the issues facing insurance lawyers in Scotland.

Published 18 April 2019

Alyson Cowan: Importance of limitation clauses in collateral warranties

Alyson Cowan, solicitor in the commercial real estate team at Morton Fraser, writes on the importance of limitation clauses in collateral warranties.

Published 18 April 2019

Tracy Kirk: Should smacking a child be against the law?

Tracy Kirk makes the case for banning child smacking in Scotland.

Published 16 April 2019

Blog: Twenty years of the National Minimum Wage

Eleanor Mannion and Laurie Anderson look back on the last 20 years of the minimum wage.

Published 16 April 2019

Brent Haywood: Student anti-abortion group case highlights ambit of Equality Act

Brent Haywood looks at a case in which a student anti-abortion group was denied affiliation and how it availed itself of the Equality Act.

Published 15 April 2019

Megan Briggs: By order of the Peaky Blinders

In an age where viral marketing and social media reign supreme, establishing the best method of enforcing your intellectual property rights (“IPR”) can be a thorny issue. Recent years have seen large companies take an increasingly creative approach to managing their IPR, especially trade marks and copyright, often to great effect, writes Megan Briggs.

Published 11 April 2019

Blog: Age of change in the workplace

As employment tribunal claim numbers rise across the UK, Natasha Meikle and Claire McKee look at the biggest issue on the topic of age discrimination facing the courts (not to mention public sector employers and their employees) in 2019.

Published 9 April 2019

Elizabeth Rose: Duty of care owed by junior clinicians clarified

On 22nd March 2019, Lord Pentland found in favour of the pursuer in respect of his medical negligence claim against Greater Glasgow Health Board and awarded £187,606.27 in damages. Lord Pentland’s opinion makes for a rather encouraging read for those who act for pursuers in these often complex actions. In particular, it contains helpful clarification on the duty of care owed by junior clinicians, as well as advocating a common sense approach when it comes to proving causation. Elizabeth Rose, of Drummond Miller, the firm that acted for the pursuer, examines the case.

Published 5 April 2019

Stephen Cowan: Summary warrants – could you get bitten?

Stephen Cowan looks at summary warrants and their effects and powers.

Published 5 April 2019

Max Chassels: HMRC tax relief proposals for main residences – what you need to know

On Monday 1 April HMRC launched a consultation regarding two changes to Private Residence Relief (PRR) which were announced in the 2018 Budget. PRR applies to the sale of a property which has been the owner’s only, or main, residence at some point during the ownership period. Max Chassels explains the details of the proposed changes.

Published 5 April 2019

Caroline Gillespie: Domestic abuse law makes strides with new act

Caroline Gillespie reflects on the development of the law on domestic abuse as new legislation comes into force today.

Published 1 April 2019

Michael Upton: Scots law in 3000 AD - A retrospective

This is the text of a lecture given on 1 April 3000 A.D. by Professor Jonathan Yǔyàn, professor of primitive law at Baffinland University. Michael Upton, advocate, M.C.I.Arb., at the Hastie Stable, has secured a translation from the Chinese, through a wormhole in the space-time continuum.

Published 1 April 2019

Mark Hastings: 'I’m late, I’m late for a very important date'

The White Rabbit’s plaintive cries in Alice in Wonderland also struck a chord over the question of lateness and the consequences of this in the reported Scottish case of Anji Mannas v Chief Constable of the Police Service of Scotland, writes Mark Hastings.

Published 29 March 2019

Jamie Meechan: April changes in employment law

April is always a busy time of year for employers, and April 2019 will be no different. Jamie Meechan outlines some of the key changes to look out for.

Published 29 March 2019