Articles



James Varney: Culpable homicide reform could bring greater precision to the law

Proposed reforms to Scotland’s culpable homicide laws aim to make it easier for businesses or organisations to be held to account if they cause deaths, writes James Varney.

Published 10 December 2018

Alan McIntosh: Is time up for Time Orders?

Alan McIntosh discusses a recent case, in which he was involved, at Greenock Sheriff Court that raised some interesting questions about the effects of Time Orders under section 129 of the Consumer Credit Act 1974. A hearing is scheduled for later this month.

Published 10 December 2018

Professor Steven Peers: Revoking the notice to withdraw from the EU?

Professor Steven Peers of University of Essex School of Law explains and comments on today's opinion from Advocate General Sánchez-Bordona on the revocability of Article 50.

Published 4 December 2018

Ross Caldwell: Enterprise goes into reverse for floating charge-holders

Ross Caldwell comments on the demotion of floating charge holders that will follow the reinstatement of Crown preference in 2020.

Published 30 November 2018

Jonathan Brown: What have the Romans ever done for us?

Jonathan Brown looks at how Roman concepts in Scots law accommodate modern offences. 

Published 29 November 2018

GDPR Six months on – an initial appraisal

As readers will no doubt be aware, the General Data Protection Regulation (GDPR) has applied from 25 May 2018. Six months on, Daradjeet Jagpal carries out an initial appraisal of four key aspects of the GDPR and provides his thoughts on what lies ahead.

Published 26 November 2018

Jim Cormack QC: Scottish dispute resolution goes from strength to strength

Jim Cormack QC explains why businesses should consider Scotland as a jurisdiction for resolving disputes.

Published 23 November 2018

Frances Ennis: Time is right for licensing board's pilot scheme

Frances Ennis welcomes Glasgow Licensing Board's new pilot scheme.

Published 20 November 2018

First appeal in Scotland by GMC against decision of Medical Practitioners Tribunal refused

In a landmark decision, the Inner House has refused an appeal by the GMC against a decision of the Medical Practitioners Tribunal (MPT) under s.40A of the Medical Act 1983. This is the first such appeal in Scotland. Laura Donald, a partner at BTO Solicitors LLP, provides expert commentary. BTO defended the practitioner at his hearing before the Medical Practitioners Tribunal.

Published 19 November 2018

Blog: Tis the season to be jolly (well, within reason)

The recent Court of Appeal decision in Bellman v Northampton Recruitment Limited [2018] EWCA Civ 2214 provides a stark, timely reminder of both the personal and legal consequences of what can happen when work outings turn for the worse, write Alan Strain and Kieran Buxton.

Published 19 November 2018

Blog: Copyright fails the taste test

This week the Court of Justice of the European Union (CJEU) handed down its judgment in the case of Levola Hengelo BV v Smilde Foods BV which asserted that the taste of food does not attract protection as a copyrighted work. Rebecca Henderson and Jennifer Dool examine the case.

Published 15 November 2018

Theresa Hunt: A cocktail of licensing changes

Theresa Hunt highlights important changes in the licensing landscape.

Published 15 November 2018

Scottish-American lawyer Allan Rooney on laws of success

Allan Rooney, founding partner of Rooney Nimmo and president of the Scottish Bar Association of New York (ScotBarNY), reflects on the qualities needed to succeed in business.

Published 14 November 2018

Alan McIntosh: Broken laws not the prescription for solving problem debts

Alan McIntosh writes on problem debt ahead of tomorrow's meeting of the Economy, Energy and Fair Work Committee.

Published 12 November 2018

Elaine Motion: Brexit case highlights how language matters in both law and politics

Elaine Motion, executive chairman at Balfour+Manson, writes on the significance of language in the Article 50 case currently before the courts.

Published 12 November 2018