Articles



David Beveridge: Always be closing? Completing corporate deals during COVID-19

“Always be Closing” – the old mantra, made famous by Alec Baldwin’s speech in Glengarry Glen Ross has resonated in the corporate world in the 20 years since it was made.

Published 15 June 2020

Andrew Mackenzie: Arbitration – the flexible alternative to civil litigation

Arbitration is a commercial, cost-effective and confidential method of resolving disputes. However, with the COVID-19 lockdown impacting court business and creating a backlog of litigation work, arbitration’s flexibility might now be its most valuable attribute, writes Andrew Mackenzie.

Published 12 June 2020

Ximena Vengoechea: Why do we need juries?

Advocate Ximena Vengoechea examines the need for juries following a failed attempt to remove them from certain cases earlier this year.

Published 11 June 2020

Benjamin Bestgen: Lies, damn lies…

Having thought about truth, Benjamin Bestgen now considers lies. See his last jurisprudential primer here.

Published 10 June 2020

Rupa Mooker: Why is there so little BAME representation in the Scottish legal profession?

MacRoberts' director of HR Rupa Mooker challenges law firms to walk the walk, not just talk the talk on diverse recruitment.

Published 9 June 2020

Dating – The language of the law

Michael G. J. Upton, advocate, FSA Scot., MCIArb dates the first attested use in our system of certain words, including some denominal verbs liable to excite the grammatical prescriptivist.

Published 9 June 2020

David Lorimer: Mock jury research should not be the basis for reform

David Lorimer comments on JUSTICE Scotland's views of last year's mock jury research, which cast doubt on its value as a basis for reform of Scotland's three-verdict system.

Published 8 June 2020

Fred Mackintosh QC: Coronavirus legislation and the devolution settlement

In this article, Terra Firma's Fred Mackintosh QC considers the source of the legislative powers used in Scotland to tackle the COVID-19 pandemic and whether this could restrict the choices available to the Scottish government about how and when to relax or re-impose lockdown rules.

Published 8 June 2020

Jamie Robb: Gordon’s Trustees rides again

For those interested in horology, the law of prescription has seen the pendulum swing wildly from pursuer to defender in a relatively short space of time, writes Jamie Robb.

Published 8 June 2020

Richard McMeeken: Reforming contract law to cope with COVID-19

Richard McMeeken details new proposals to deal with the contract law implications of the current crisis.

Published 5 June 2020

Benjamin Bestgen: Nootropical law

In the tenth in his series on jurisprudential primers, Benjamin Bestgen looks at how the law might handle cognitive enhancements as new drugs are developed and our perceptions change.

Published 3 June 2020

Nicola Ross: What the Corporate Insolvency and Governance bill means for businesses

Nicola Ross explains the details of new legislation aimed at helping ailing businesses. 

Published 2 June 2020

Sophie Russell: A journey from legal aid to private practice – my experience as a young criminal lawyer

Against a backdrop of challenges for criminal law practitioners, Sophie Russell of MTM Defence Lawyers considers the skills set that young lawyers need to develop as firms adapt to the changing nature of criminal law.

Published 29 May 2020

Carole Ewart: We want information – on the importance of FOI

Carole Ewart comments on the much-derided move by the Scottish government to extend FOI response times in the midst of the pandemic – a move that has since been reversed.

Published 28 May 2020

Elaine McIlroy: An employer’s guide to the UK quarantine rules

From 8 June 2020, anyone entering the UK (whether as a resident or a visitor) will have to self-isolate for 14 days under new government rules. Elaine McIlroy details the latest rules and how they affect employers. Please note that the rules are reviewed every three weeks.

Published 28 May 2020