Opinion

For only the second time, the Intellectual Property Court of the Court of Session has heard an appeal from a decision of the UK Intellectual Property Office (IPO), write Colin Hulme and Amy McSkimming. The IP Court re-affirmed the applicable standard of review. Burness Paull LLP was instru

John Sturrock KC continues the discussion on new civil court rules. I was interested to read Andrew Stevenson’s article in these pages in which he raised concerns about proposed changes to court rules and, in particular, the apparent erosion of “the principle that litigation in Scotland

The recently decided – and widely reported – case of Sean Hogg has had so many twists and turns that it is not altogether easy to unravel what happened or what (if any) implications it has for future prosecutions. This led – when emotions were clearly running high – to the ma

Reports suggest that First Minister Humza Yousaf wants to change the law so that the only short prison sentences imposed will be on violent or sexual offenders, writes Douglas J. Cusine. Were the first minister actually visit a sheriff court (perhaps even more than once), he might realise the u

Jim Diamond discusses a recent Supreme Court case on litigation funding. Although in this article reference is made to the UK, it is not intended to cover Scotland, which has its own rules about funding agreements. The decision of the court does not affect agreements made under Scots law or funding

In recent years, there has been an increase in discussion and awareness of the impact of the menopause in the workplace, writes Katie Hendry. Last year, the charity Wellbeing of Women launched the ‘Menopause Pledge Workplace Campaign’. The pledge indicates the employers&rs

The Scottish Civil Justice Committee’s current draft set of court rules is remarkable in a number of respects, writes Andrew Stevenson. Firstly, it is brief, a mere 80 rules covering just under 30 pages and a laudable exception to the regrettable tendency of legislation to swell to unwieldy di

Twelve nautical miles are causing waves for the offshore wind sector which is struggling to recruit staff because complicated visa restrictions are deterring highly skilled foreign workers, writes Maria Gravelle. That’s the distance from the shoreline to the Territorial Sea boundary, wher

The issue of holiday pay is one that has been subject to extensive examination by the courts over the last decade. The latest chapter is now written. The Supreme Court has handed down its decision in the case of Police Service of Northern Ireland (PSNI) v Agnew, writes Andrew Maxwell. The key issue

It is rare that family cases are heard by the Inner House, but in August 2023, Lord Tyre, Lord Pentland and Lady Wise heard the appeal in the case of Foster v Foster, writes Kate Bradbury. On Friday 29 September 2023, the Inner House issued its decision, providing clarity on two points:

Gillian Mawdsley, author of the recently released Sudden Deaths and Fatal Accidents Inquiries in Scotland: Law, Policy and Practice, looks at the differences between FAIs and inquiries. Bloomsbury Professional is offering SLN readers a special 25 per cent discount on the new book. Order today f

Cheryl Hogg details new wildlife crimes under consideration at Holyrood.   The Wildlife Management and Muirburn (Scotland) Bill is currently at Stage 1 in the Scottish Parliament. This means it has been introduced to the Parliament and is now being examined by committees before the MSPs de

With the transitional period for existing businesses to apply for a short-term lets licence coming to an end this week, Kirsten Belk assesses the new regime and its wider impact. Last year, Scotland’s local authorities were given new powers by the Civic Government (Scotland) Act 1982

Scotland’s target of net zero emissions by 2045 requires change in many sectors – the commercial property market being one of them. A recent Scottish government consultation cited improving the energy performance of buildings as a key part of its strategy, writes Matt Farrell. In En

George Gebbie highlights injustices in Iran and warns that our own government is not immune to the temptations of power. On 16th September 2022, a young woman died in a hospital in Tehran, Iran. Her name was Mahsa Amini. She had been arrested by the religious morality police of that country’s