Features

The Gender Recognition Reform (Scotland) Bill does not solve existing tensions (which remain unresolved in the courts) between the Gender Recognition Act 2004 (GRA) and the Equality Act 2010 (“the EqA”), writes barrister Amanda Jones. The bill will introduce new conflicts with the EqA. T

On October 11, 2022, the Court of Session found against the Scottish Legal Complaints Commission (SLCC), not for the first time. Yet the cost of this latest litigation will be borne not by its lay members but by the lawyers so inadequately represented by it, writes Andrew Stevenson. The SLCC is a cr

Lynne Gray and Lynne Moss consider the new rules that have been created by the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (FPA(S)A 2022) and the offences and penalties for breach of these new rules. Bonfire Night is fast approaching: that time of year where the loud bangs of fireworks ca

Susie Mountain takes a look at a new report on cohabitation. The Scottish Law Commission has published its Report on Cohabitation. The report considers how the existing law governing the rights of cohabitants on separation might be revised and follows a lengthy consultation process with solicitors,

Liam McMonagle takes a look at the IP issues surrounding Amazon's $1bn show, The Rings of Power.  Like many people, I’ve enjoyed watching The Rings of Power on Amazon Prime after a hard day’s work. However, as an intellectual property (IP) lawyer, it’s hard not to recognise th

Simon Allison, in infancy fearful of homicidal maniac and doyen of the Dark Side, Darth Vader, now truly appreciates how the Sith lord – a force of personality – led from the front. As a five-year old boy, an older child doing the mouth-breathing noises of Darth Vader in the playground w

The UK and US have agreed to enhance their cooperation in implementing financial sanctions, in a bid to maximise the impact of the measures imposed on Russia, as well as to ease the compliance burden for business, writes Stacy Keen. The US and UK treasuries already work together to develop common ap

Jade Blair explains some of the differences in terminology used in Scotland and in England when awarding a successful party their expenses (or should that be costs). I find that the grammar fiend in my laptop has boldly underlined my use of “outwith” in the above heading indicating that

Richard Gray, partner and head of corporate at Belfast law firm Carson McDowell, welcomes new clarity on creditor duty. The UK Supreme Court considered the existence, content, and engagement of ‘creditor duty’ for the first time ever in the matter of BTI 2014 LLC (Appellant) v Sequana SA

Tackling climate change is an important component of policy agendas across the UK and more broadly on a global scale, writes Tarik Elhadidi. The UK government has set an ambitious target of a four-fold increase in offshore renewable energy by 2030, a key pillar in the country’s 2050 net-zero t

Keeper of the Advocates Library, Neil Mackenzie, details the work of the Faculty of Advocates’ Free Legal Services Unit. The Faculty of Advocates has a long history of promoting access to justice to those who cannot afford to pay for legal advice and representation.In England, Magna Carta

As a court practitioner, you sometimes get the impression that the manner in which you express your client's case in writing doesn't matter as much as it used to, writes Ling Deng. The court can be very accommodating to a party whose case is expressed in slightly opaque terms. The recent judgment of

The Court of Session has confirmed that courts will enforce any alternative dispute resolution (ADR) provisions which are written into contracts and will uphold the power and discretion of the decision makers in those processes, writes Steven Blane. Lord Lake’s opinion demonstrates that t

Imagine if you couldn’t make decisions yourself. Who would act on your behalf? Who’d pay bills, manage your welfare, and make key decisions? That’s the role of your attorney. The breadth of the control an attorney can have over your affairs couldn’t have been starker in a cas

Lynsey Brown discusses surrogacy regimes and the confusion they often cause. Surrogacy is still relatively rare in Scotland and the UK, but lawyers who specialise in this area are seeing a steady increase in enquiries from prospective surrogates and intended parents.