Features

One of the most jaw-dropping aspects of the Post Office Horizon scandal and the merciless persecution of its victims was the unfettered power granted to a state-owned corporation which, in England at least, had the singular privilege of investigating itself and bringing private criminal prosecutions

Proposed Holyrood legislation aims to improve outcomes for children involved in the Scottish criminal justice system. However, there are concerns about the effect of the new law on freedom of expression and open justice, writes Baktosch Gillan. Safeguards to protect children and promote rehabil

Robert Shiels enjoys a new book on the age-old practice of wine fraud. This modest but interesting study of the murky side of wine-making gives an insight as to the old trade practices and the weakness of the system within which the business has been conducted.

Laura Patriche and Lauren McFarlane write about the IP issues around music sampling. Music sampling is a practice which involves artists digitally incorporating segments of existing sound recordings into new compositions. Some modern examples include Drake’s Hotline Bling of 2015 which sa

The Court of Session (Outer House) recently issued an opinion on unfair prejudice, in the case of Adrian Richard Hawkins OBE and Othman Akbar Rafay, petitioners, writes Lorna MacFarlane. The petitioners sought an order under sections 994 and 996 of the Companies Act 2006 confirming that the aff

Now that the dust has not settled on the Horizon scandal in Scotland as it relates to convictions of sub-postmasters, it is useful to recall what the lord advocate said in the Scottish Parliament on 16 January, writes former sheriff Douglas J. Cusine. “In September 2020, supported by Crown Off

The centenary this year of the first Labour government will doubtless see the publication of a number of new books analysing a game-changing event. Robert Shiels reviews one of the first, by Scottish journalist David Torrance. In 1923 the immediate consequences of an inconclusive general election su

Even within the legal profession, to be elected to sit as judge at the European Court of Human Rights (ECtHR) is "beyond a dream", says Tim Eicke. Having taken up the post in 2016, he is currently the UK judge at the court.

Former sheriff Kevin Drummond KC expands on his solution to the problem of dealing with the Horizon cases.  I am pleased that my letter in SLN has produced an informed response by Lord Advocate Dorothy Bain KC, by Lord Uist and by Fergus Ewing MSP amongst others. Of necessity and for economy, m

Will Cole considers some recent developments in ADR north and south of the border from a Scottish perspective, including the Court of Appeal’s recent decision in Churchill v Merthyr Tydfil, and the implications for commercial litigation in Scotland. Since the turn of the century, the courts in

Fiona Killen asks whether the Sewel convention is fit for purpose following years of constitutional rancour between Holyrood and Westminster. The Constitution, Europe, External Affairs and Culture Committee (CEEACC) of the Scottish Parliament was busy last year, producing seven reports, one focusing

Connor Beaton delivers his verdict on French legal drama Anatomy of a Fall.

At the risk of sounding like a broken podcast, delays in getting fatal accident inquiries started are to me, a disgrace. As we know, some FAIs are mandatory; some are at the option of the Crown, but that distinction is irrelevant; there are delays in both categories. I am not alone in my concern. Th

I recently had the privilege of joining a webinar hosted by RoadPeace. RoadPeace provide information and support services to people bereaved or seriously injured in road crashes, writes Thomas Mitchell. The webinar’s panel consisted of Prof Sally Kyd, Head of Leicester Law School – an ex

Gillian Mawdsley writes about the Kindertransport ahead of Holocaust Memorial Day tomorrow. As another Holocaust Memorial Day (HMD) approaches, the recent release of the film One Life allows for reflection on how child refugees were able to escape Nazi persecution. This resonates with this year