Opinion

As the pandemic’s aftershocks reverberate through the financial ecosystem, insolvency law specialists are bracing for an overwhelming influx of fraud-based legal cases, writes Alan Munro. The pandemic required the government to provide fast and extensive support to keep businesses and ind

Govan Law Centre calls for an increase in the protected minimum balance for earnings arrestments. A new Bankruptcy and Diligence (Scotland) Bill was introduced in the Scottish Parliament at the end of April and is currently before the Economy and Fair Work Committee for Stage 1 initial con

The statutory instrument making amendments to the Ordinary Cause Rules 1993 comes into force today. This changes the procedure for defended family actions in a wholesale manner, replacing the existing procedure with rules heavily focused on case management, writes Lesley Gordon. Unfortunately, there

New guidance is being drawn up to help manufacturers of connected devices comply with UK data protection laws, writes Kathryn Wynn. The UK’s Information Commissioner’s Office (ICO) confirmed it is developing guidance on data protection and the “internet of things” as it

Ahead of a panel discussion event next week, Rachel Munro examines why, for housebuilders, planners and local authorities, heat networks promise to increasingly be a hot topic in the months and years to come. It need not be overstated that Scotland doesn’t have the best weather and despite hig

Sheriff Philip Mann sitting in Aberdeen Sheriff Court has just handed down a landmark decision (Mrs Susan Gordon, Petitioner, [2023] SC ABE 26) which, if followed by other courts, will open a new door in commissary practice across Scotland, writes Justin Reid. The deceased, Mr Thomas Nicol Rae,

Two new health and safety rulings demonstrate how Scottish courts are increasingly mirroring their English counterparts when determining fines, writes Willie Park. The appeal rulings showed the level of fines the courts will impose seems likely to continue to rise and get closer to levels seen in En

The week ahead sees the battle between the Scottish and UK governments over the Gender Recognition Reform (Scotland) Bill (GRR) move into court as Scottish ministers seek to overturn the Section 35 Order put in place by the Secretary of State for Scotland, currently blocking the bill from becoming a

As most employers will be aware, the duty to make reasonable adjustments for a disabled person applies to workers/employees who have started work, as well as to those seeking work, writes Douglas Strang. Employers must, therefore, consider and comply with the duty to make adjustments when considerin

Peter Littlefair takes a realistic look at the uses of AI for practitioners and its direction of travel. As a smaller legal jurisdiction, Scotland is often behind the United States and England in its take-up of new tech. AI is no different and a range of options are rolled out into firms already. Ho

The death toll for motorcyclists will keep on rising unless the message is changed, writes Thomas Mitchell. Motorcyclists are classed as ‘vulnerable road users’ in the Highway Code and their disproportionate representation of those killed and seriously injured in road traffic collis

Laura Morrison discusses the rise of workcations. Given the predictably unpredictable Scottish climate, it was no surprise to read the results of a YouGov poll published earlier this year. It showed that 37 per cent of UK adults who can work remotely are interested in doing their job from a holiday

The understandable furore over the wrongful conviction of Andrew Malkinson on a charge of rape in the English High Court has led to calls from many eminent lawyers for a public inquiry. The failures of the police, the Crown Prosecution Service and the Criminal Cases Review Commission add up to a dis

A recent decision provides much welcome clarity on the application of Qualified One-way Costs Shifting (QOCS), writes Kelly Brotherhood. Some may feel that, like buses, we can wait a long time for an established qualification to the Scottish costs shift in personal injury litigation to turn up. Well

The Faculty of Advocates has in general welcomed the introduction of the Regulation of Legal Services (Scotland) Bill, much of which recognises and preserves the independence of the legal profession, writes Dean of Faculty, Roddy Dunlop KC. However, as the Scottish Parliament reconvenes this we