Articles



Stuart Munro: Use of recovered materials in the Scottish courts after Whitehouse and Salmond

Stuart Munro, head of criminal litigation at Livingstone Brown, considers an important technical issue that has featured in a number of recent high-profile cases.

Published 26 March 2021

Rodney Whyte: Scotland is falling behind England on Longer Living

Rodney Whyte, partner and residential property specialist at Pinsent Masons, compares Scotland to its southern neighbour when it comes to Later Living communities.

Published 26 March 2021

Kevin Drummond QC: Why committee of inquiry redaction saga should concern us

Retired sheriff Kevin Drummond QC shares concerns arising from the redaction dispute that dominated the final days of the Holyrood committee on the handling of harassment complaints.

Published 25 March 2021

Session Cases At 200: Tyger Tyger burning bright

One of the most striking of legal fictions, that of the escaped tiger, has stuck with Jackie McRae, who encourages readers to declare Scott & Sons v Del Sel the greatest entry in Session Cases. Vote for your top three here.

Published 25 March 2021

Jamie Dunne: Construction’s competition problem

The latest director disqualifications are a reminder to every company in the construction sector of the importance of ensuring that staff understand what conduct will expose their firm to prosecution, writes Jamie Dunne.

Published 25 March 2021

Paul Harper: Scotland’s first wrongful termination order

Private residential landlords would be wise to take notice of Scotland’s first wrongful termination order. It establishes the fact that the law has teeth and can bite, writes Paul Harper.

Published 23 March 2021

Ross Fairweather: Useful reminder on how to plead a case based on breach of employer’s duties

The All-Scotland Sheriff Personal Injury Court has determined that Forth Boat Tours are not liable for injuries sustained by a former employee on July 2018, writes Ross Fairweather.

Published 23 March 2021

Stefanie Glassford: Oral proceedings by video conference

There is no doubt that the Covid-19 pandemic has altered the approach that the European Patent Office (EPO) has taken with respect to oral proceedings being held by video conferencing, writes Stefanie Glassford.

Published 23 March 2021

Douglas J. Cusine: Justice Secretary’s response to malicious prosecution case now overdue

Douglas J. Cusine challenges Justice Secretary Humza Yousaf to break his silence on Scotland's malicious prosecution scandal.

Published 22 March 2021

Letter: We need more juries, not fewer

Dear Editor,

Published 22 March 2021

Hamish Lean: More protection in the pipeline for secure farm tenancies

Agricultural tenants could benefit from additional protections in the aftermath of the Holyrood elections, writes Hamish Lean.

Published 22 March 2021

Thomas Mitchell: Blameworthiness

Thomas Mitchell details a personal injury case exemplifying that liability often comes in shades of grey. 

Published 22 March 2021

Session Cases At 200: Lord Kinclaven makes the case for Donoghue v Stevenson

A snail in a bottle that was no storm in a teacup, Lord Kinclaven encourages readers to declare Donoghue v Stevenson the greatest entry in Session Cases as we celebrate 200 years of those venerable law reports.

Published 22 March 2021

Simon Allison: Is Line of Duty’s DI Steve Arnott ‘skating on wafer-thin ice’?

Simon Allison discusses employment law issues – but through the medium of Line of Duty.

Published 19 March 2021

Dr George Callaghan: A compelling case for compounding

Wealthflow's Dr George Callaghan explains why you should add the special sauce of compounding to your financial diet.

Published 19 March 2021