Opinion

Iain Drummond and Lindsay Robinson comment on impending changes to the prescription regime. Prescription is the legal rule in Scotland that prevents a person from pursuing their legal rights to a claim after a certain time period has elapsed (the equivalent in England is limitation). A claim ‘

The Auditor General’s recent report on the construction of two CalMac ferries identifies various failures. One critical aspect is the breakdown of relationships between two of the main protagonists, CMAL, the Scottish government-owned ferry purchasers, and FMEL, the ferry builders, alongside f

Ryan Macready, senior solicitor at Macdonald Henderson, discusses the intricacies of buying and selling accountancy practices. The majority of Scottish accountancy firms are owner-managed independent general practices, with a local client base. When approaching retirement age, these owner-managers w

David J Black reminds the powers that be of the separation of powers. It goes without saying that all those who are in the business of dealing with the intricacies of legal process enjoy harvesting the ripened fruits of historic precedent. These can go back a long way, but not often as far as the 5

Thompsons Solicitors will be at the Supreme Court on Thursday to make a case for stronger consumer protection laws. Decisions by English courts over the years, including the Court of Appeal, have created a loophole that allows companies to create and sell dangerous products with impunity.

It was Robert Burns who wrote: "Facts are chiels that winna ding, and downa be disputed." He was of course writing about royalty in his 1786 poem, A Dream. Burns was most certainly not thinking of future Scottish legal expenses when he penned these words! Yet as with much of the Bard's work, there i

Detailing analysis in a quarterly report from Landmark Information Group, Richard Hepburn, managing director of Millar & Bryce, delivers a snapshot of the Scottish property market. 2021 was a challenging year for the Scottish property industry, so most of us were cautious in our hopes

Law enforcement agencies probing suspected financial crimes have the right to additional time when necessary to properly investigate, a Scottish court has ruled. The landmark decision handed down by the Sheriff Appeal Court underlines the emphasis placed by courts on “allowing law enforcement

New approaches to protecting and restoring nature are the theme of recent publications by NatureScot and the (UK government) Department for Environment Food & Rural Affairs, writes Neil Collar. The availability and shortcomings of legal tools are key factors in achieving those objectives.

The theme for this year’s International Women’s Day last month was #breakthebias. The focus was on establishing “a world free of bias, stereotypes, and discrimination". When I started out studying law at the University of Aberdeen in 2006, I was very aware that the majority of my c

Singer and songwriter Ed Sheeran was celebrating earlier this month after winning a copyright battle in the English High Court over his 2017 hit Shape Of You, the most-streamed song ever on the platform Spotify, with more than three billion plays. The case came to court after grime artist Sami

Andrew Stevenson Solicitor advocate Andrew Stevenson, secretary of the Scottish Law Agents’ Society, comments on the 'partygate' scandal, which has reached its denouement.

Scottish civil courts can move very quickly, if necessary, says Paul Motion. A senior executive ‘jumps ship’ to join the competition. He or she has emailed themselves a copy of your client’s entire customer database including pricing. The unhappy client phones you in a panic.

Leona Duff outlines the new limitation rules being introduced under the Prescription (Scotland) Act 2018 from 1 June 2022. The law of time-bar has been confusing and unsatisfactory for a number of years in Scotland, particularly in construction cases involving latent defects. There have been a numbe

Amy Pairman discusses restrictions on rebated fuels and construction contracts. Despite the concerns raised by many trade bodies, from 1 April 2022 the government has restricted which sectors can use rebated diesel (known as red diesel) and some rebated biofuels. The result being that it is now ille