Features

Scotland could turn its vision for ethical regulatory principles into a competitive advantage, writes ​Chris Elwell-Sutton. According to the International Monetary Fund’s latest report, AI could boost the UK’s uninspiring productivity by up to 1.5 per cent annually. Analysts estimate t

Andrew Constable discusses the merits of alternative dispute resolution. In a Scottish government paper published last month, Justice in an independent Scotland, the government explains its “vision of a just, safe, resilient Scotland”. The paper references another publication, The Vision

As Scotland considers legislation on 'ecocide', Dr Filippos Proedrou and Dr Maria Pournara highlight the shortcomings of a new EU law. The EU recently passed a law that criminalises actions “comparable to ecocide”. It’s a revolutionary legal development — the first law of its

Amid continuing concern over the poor quality of legislative draftsmanship in the UK, Liam Kerr, shadow cabinet secretary for education and skills, raises the issue of how Scotland's own Henry VIII clauses, framework bills, are used at Holyrood to circumvent legislative scrutiny. What does an incumb

This book, part of the series “Studies in International & Comparative Criminal Law”, contains 17 essays, by authors, both national and international in honour of Ralph Henham, who for many years was on the staff of Nottingham Trent University and was a professor there from 1998 until

Neil Macdonald takes a look at plans to introduce an offence of ecocide into Scots law. In November 2023, Monica Lennon MSP launched the public consultation on her proposed member’s bill to introduce ecocide law in Scotland. Although Scotland does have legislation intended to protect the natur

When asked about the impact that artificial intelligence (AI) is having on influencer marketing, my first thought was to speak to an interested party. Seeing as I don't know any influencers personally, I decided to ask an AI chatbot, writes Steph Innes. "Write a short article on the legal issue

The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 introduced important changes in relation to the way expenses are dealt with in personal injury litigation, writes Sarah Ennis. An unsuccessful pursuer is no longer responsible for meeting their opponent’s expenses,

Following their initial introduction in Glasgow last June, Low Emission Zones (LEZs) are about to take root across all of Scotland’s key city centres. From later this week, we will see them go live in both Dundee and Aberdeen before being brought into effect in Edinburgh a month later, writes&

Another ‘trial of the century’ book! This one is a narrative account of events leading up to the 1877 prosecution of a feminist free-thinker, Annie Besant, together with her friend, the activist and liberal politician Charles Bradlaugh. They had arranged for the publication of Charles Kn

With changes due to the time limit for enforcement action in England for breaches of planning control, Neil Collar and George Sismey-Durrant highlight other differences in planning law between England and Scotland. From 25 April, the time limit for enforcement action in England will be 10 years for

Tony Lenehan KC, president of the Criminal Bar Association, explains how the Scottish government could help complainers right now. On Tuesday afternoon, just as the Victims’ etc Bill met with a poorer reception in Holyrood than the Scottish government had hoped, I was at Glasgow University par

Growing up, Nina Taylor had no thoughts about becoming a lawyer. The first in her family to go to university, she’d started life above the Rainbow Café in Coatbridge, which was run by her Italian father’s family, and wanted to become a journalist. Having just taken up the chairman

Kieran Thrall and Kate Ross explain a determination by the Outer House that notification of loss and expense claims is a condition precedent to entitlement and highlight its implications for the construction industry.

The issue of compulsory mediation is exercising legal minds on both sides of the border and, as the appetite for change in Scotland increases, the matter of its feasibility or desirability becomes ever more relevant, writes Molly Somerville. Mediation is an assisted negotiation, where parties v