Michael Upton: Searchers’ liability and the fundamentals of duties of care

Advocate Michael Upton M.C.I.Arb., of Hastie Stable, summarises a recent judgment from the Sheriff Appeal Court on establishing a duty of care for economic loss in a case against an allegedly negligent search firm being pursued for damages by the holder of an inhibition, which the searchers allegedly failed to report.

Published 6 February 2019

Lesley Gordon: Cohabitation case law producing encouraging results

Lesley Gordon reviews the application of Scotland's cohabitation legislation in recent case law. 

Published 5 February 2019

Olivia Parker: How fair is your traineeship recruitment pipeline?

Olivia Parker, careers development officer at the Law Society, talks about whether employers are really engaged with fair access and highlights some of the pitfalls that are still regularly identified in the traineeship recruitment process.

Published 5 February 2019

Lorna Ferguson: Accidents in the workplace

The effects of a change in the law on workplace regulations introduced some five years ago are still to fully reveal themselves in Scotland, writes Lorna Ferguson.

Published 4 February 2019

Brexit Implications for family law III – where there are advantages to being old

Brexit is starting to get real, with the detail of the ‘no deal’ provision being put in place. Continuing on from her earlier two articles on Brexit and family law (Part I, Part II), Rachael Kelsey now looks at what all family lawyers (specialists or those with a more general practice) need to know if we end up with no deal…

Published 1 February 2019

Andrew Foyle: Law clarified with judgment on redacted and certified copy documents

Andrew Foyle considers the significance for the debt purchasing industry of a recent case that cast the spotlight on redacted and certified copy documents.

Published 31 January 2019

Lesley Grant: Anonymity orders in the Employment Tribunal

Once an Employment Tribunal decision (and the reasons for it) have been recorded in writing, they are entered into the public register. Since February 2017, such Tribunal decisions have been available online. This means that all judgments (and reasons) are available for public inspection unless the Tribunal has made a privacy or restricted reporting order or if there are national security issues in which case the decision can be anonymised or the reasons can be given in a redacted form.

Published 31 January 2019

Ian Maxwell: Making court orders work as intended for the child

Ian Maxwell discusses how parenting coordination can reduce conflict in shared parenting arrangements. 

Published 25 January 2019

Sean Duffy: Disclosure – time to exercise discretion, not discrimination

Sean Duffy highlights new research showing how criminal record declarations undermine the concept of rehabilitation.

Published 23 January 2019

Brenda Mitchell: Judgment in motorcycle case 'careful and well thought out'

Brenda Mitchell analyses a recent case in which the sheriff found in favour of an injured motorcyclist.

Published 22 January 2019

Kate Donachie: Fraudulent claims – are England and Scotland moving in different directions?

In a time of significant change to the civil litigation system, the approach to fraudulent exaggeration of insurance claims is diverging North and South of the border. This combination of developments may lead to a perfect storm for fraudulent claims in Scotland, writes Kate Donachie.

Published 21 January 2019

Fiona Buchanan: Mentoring at Shepherd and Wedderburn

Fiona Buchanan extols the benefits of mentoring and looks at how it has been implemented at Shepherd and Wedderburn.

Published 17 January 2019

Suzy Thomson: The only way is ethics and other investment practicalities for managing trusts

Suzy Thomson, investment manager at Brewin Dolphin in Dundee, suggests five things lawyers should consider in managing trusts.

Published 17 January 2019

Ian Smart: In defence of Alex Salmond

Defence solicitor Ian Smart comments on the sexual misconduct allegations that have been made against Alex Salmond, encouraging all concerned to respect the presumption of innocence.

Published 15 January 2019

Elaine Motion: Balfour+Manson's proud history of female representation continues

Balfour+Manson was the first law firm to assume a female partner in Scotland in 1949, and it continues to promote women on merit, says Elaine Motion.

Published 14 January 2019