Articles



Fraser Mitchell: Planning tilts away from sustainable development

Fraser Mitchell writes about proposed technical changes to Scottish planning policy and the relevant Scottish government consultation.

Published 22 September 2020

Our Legal Heritage: The Scots contract case that influenced English law

The outbreak of war in 1914 prompted a business dispute that ultimately reached the House of Lords and influenced reform to English law. Kate Scarborough explains the details of the case.

Published 18 September 2020

Noel Ferry: Children bill brings welcome changes, but misses some opportunities

Noel Ferry looks at the implications of the Children (Scotland) Bill, and where it could have gone further.

Published 16 September 2020

Paul Motion: Vigilante live stream case leaves reputational questions unanswered

Paul Motion considers live streaming where the individual is innocent.

Published 15 September 2020

Paul McGarry SC: The Irish legal market can benefit from Brexit

Irish barrister Paul McGarry SC explores the opportunities for Irish lawyers following the UK's exit from the EU.

Published 15 September 2020

Linda Walker: The risks of mixing business and pleasure

Linda Walker looks at the risks of mixing business and pleasure in the family home.

Published 10 September 2020

Blog: Supreme Court heralds new approach to restrictive covenants

Fiona Caldow and Gareth Hale consider a recent decision by the Supreme Court on restrictive covenants in restraint of trade.

Published 9 September 2020

Alison Bryce: Premium products face no-deal threat

Alison Bryce considers the uncertainty for the Scottish food and drink industry in the event of a no-deal Brexit.

Published 9 September 2020

Benjamin Bestgen: Marriage

Benjamin Bestgen takes an honest look at marriage in his latest jurisprudential primer. See last week's here.

Published 9 September 2020

Pent up demand boosts Edinburgh and Lothians property market

Neilsons looks at the release of pent up demand for property in Edinburgh and the Lothians.

Published 7 September 2020

Sarah Stewart: Heat Networks Bill – will housebuilders warm up to it?

Sarah Stewart considers the Scottish government's Heat Networks Bill and its impact on the housing and heating industries.District heating, also known as a heat network, is a distribution system of insulated pipes that takes heat from a central source and delivers it to a number of domestic or non-domestic properties.

Published 4 September 2020

Blog: Limitation in Scottish abuse claim considered by High Court

The effect of the Limitation (Childhood Abuse) (Scotland) Act 2017, and whether a claim for historic abuse in Scotland should be allowed to proceed in the English courts, was considered by the High Court in its recent judgment, JXJ v The Province of Great Britain of the Institute of Brothers of the Christian Schools (the de la Salle Brothers). DAC Beachcroft's Andrew Ireland, Adrienne Shepherd and Andrea Ward explain the details of the case.

Published 3 September 2020

Blog: Crossing the border – wealth protection in England and Scotland

Emily Pike and Rosie Taylor look at the implication of the recent case Villiers v Villiers on the issues of 'jurisdiction shopping', divorce law, trust law, inheritance, and powers of attorney.

Published 3 September 2020

Benjamin Bestgen: Punishing companies

Benjamin Bestgen examines the available options for punishing companies and questions whether our current laws are appropriate.

Published 2 September 2020

New Zealand: Sentencing of Christchurch mass murderer explained

The sentencing of the man responsible for the shooting at two mosques in March 2019 in Christchurch, New Zealand, took place over a number of days last week with the High Court judge (Justice Cameron Mander) imposing a sentence of life imprisonment without parole on 27 August 2020. Fergus Whyte and Chris Miller, two newly called advocates reflect on that decision which can be found here.

Published 2 September 2020