Franz Kafka died 100 years ago this year. The protagonist of his novel The Trial is an everyman named Josef K, who finds himself facing unspecified issues within a legal process which is remote, incomprehensible and disorientating. It is a chilling story, permeated by a looming, faceless bureaucracy
Opinion
Professor Russell Sandberg suggests legal sanctions for blasphemy continue to exist in Britain following a ruling against comedian Fern Brady. The criminal offence of blasphemy is dead in England and Wales. It was unceremoniously abolished by section 79(1) of the Criminal Justice and Immigration Act
The UK may look to follow the lead of the US in introducing a whistleblowing reward scheme in a bid to combat corporate crime. US Deputy Attorney General, Lisa Monaco, recently announced a new Department of Justice-run corporate whistleblower rewards pilot programme, highlighting the critical role w
Ahmed Khogali gives an overview of Daly v HM Advocate. Criminal appeals to the UK Supreme Court are rare due to the High Court of Justiciary’s status as the final court of appeal in Scots criminal law. Under the Scotland Act 1998, such appeals are only permitted to the Supreme Court where devo
Legal academic Dr Dafni Lima responds to a new crackdown on surrogacy by Italy's far-right government. The Italian Senate recently passed a law making surrogacy a “universal crime”. In a country where surrogacy is already illegal, and has been since 2004, this decision takes restric
According to The Times of November 1st the total cost of state support for the sick will exceed an unprecedented £100 billion a year by the end of this parliamentary term. This frankly unsustainable health burden is largely the outcome of successive governments placing fiscal imperatives above
Thomas Mitchell calls for a new independent body to investigate road traffic collisions. The tragedy of any death on the roads cannot be overstated. From the moment of the collision, the impact ripples through so many lives – agencies, organisations and then, of course, the families and loved
The first Budget under the Labour administration was feared by business and nowhere more so than in the farming community where the recent announcements will have a devastating effect, writes Sarah Dodds. As an accountant and business advisor, but more importantly a farmer’s wife with a young
New powers allowing police to seize cryptocurrency and other similar assets, which have been illegally obtained by criminals or are being used to hide or launder the proceeds of their activities, came into effect in Scotland yesterday, writes Sally Clark. The new seizure powers are a key aspect of t
Burges Salmon partner Magnus Miller considers the differences between pensions law in Scotland and in England. With the enactment of the Trust and Succession (Scotland) Act 2024 earlier this year, it is a good time to remind ourselves of the differences between Scots law and English law as they appl
Lindsays chief operating officer Ian Beattie pays tribute to the firm's lawyers playing a role in charities across Scotland. It’s been Trustees Week from 4-8 November, and across Scotland and the rest of the UK, the spotlight is shining on the priceless contribution made by charity trustees to
Cameron Wong McDermott, lecturer in social change and clinical legal education at Glasgow University, reflects on his experiences of pro bono work as we celebrate National Pro Bono Week. Let me begin with a story.
As Pro Bono Week begins, shining the spotlight on the role of voluntary legal work is of utmost importance, writes Lauren Weetman. The pro bono effort of solicitors has a profound impact on both those seeking access to legal advice and the broader legal community alike. Efforts that shine particular
Ahead of the US election tomorrow, in which one candidate hopes to win bigly, David J Black looks at interference on both sides of the Atlantic. Aspirant President Donald J Trump, who now joins the disparate ranks of Barack Obama and Sarah Palin in condemning the very idea that Scotland should opt f
The new Employment Rights Bill introduced by the UK government represents one of the most significant single items of employment legislation ever to be published and makes provision for 28 different employment law reforms, writes Helen Corden. Among the changes proposed are enhanced rights for worke