Opinion

Ewan Kennedy explores the connections between our national bard and our other national language. In Ayrshire, Gaelic had already largely died out before Burns was born in 1759. His Jacobite father had North East ancestry and didn’t have the language. While the Ayrshire Scots that Burns spoke i

New moveable property reforms are due to come into force in Scotland in April, brought about in response to widespread concerns that the current legal framework was outdated and inhibited economic growth, writes Ahsan Mustafa. The Moveable Transactions (Scotland) Act 2023 was enacted on 13 June

Statue of Burns in Dumfries town centre, unveiled in 1882. David J Black reminds us just how famous Burns was. See part one here.

Liam McKay explains why the Scottish construction sector may be less affected by a ruling south of the Border. A recent decision by the High Court of England and Wales regarding construction contracts may not hold true in Scotland.

Musing over the haggis, coaxed down with a friendly single malt, David J Black shares his thoughts on why it is that so many Scots have a bizarre love-hate relationship with that man from Ayrshire. Robert Burns is, by a long way, the most celebrated poet in the world. His January 25 birthday feast i

Tenants and landlords alike may be interested in the Leases (Automatic Continuation etc.) (Scotland) Bill, introduced to the Scottish Parliament last month, write Donna Strong and David Bryden. The aim of this proposed new legislation is to "improve, simplify and update" aspects of the law of commer

Employment law claims in the UK are on the rise, and both organisations and tribunals are finding it challenging to cope with the growing volume of cases, write Elouisa Crichton and Amy Ross-Sercombe. Ministry of Justice figures show that whistleblowing claims – where individuals say they were

Richard McMeeken and Robin Mackintosh discuss an important new delict case. On 28 January 2025, Lord Clark issued his opinion in Biffa Waste Services Limited v Scottish Ministers. Biffa contends that the Scottish government owed it (and failed to uphold) a duty of care in respect of its positio

John Sturrock KC explains how Scotland's outgoing senior judges were instrumental in the creation of the Faculty’s training programme three decades ago. This week marks the retirement of Scotland’s two most senior judges, Lord Carloway, the Lord President, and Lady Dorrian, the Lord Just

A recent decision in the Sheriff Appeal Court (Appeal by Smaira Bilal Saleem in the cause Euro Parks Limited v Smaira Bilal Saleem), highlights important considerations regarding judicial expenses, writes Frances Lombardi. This case serves as a reminder of how the court evaluates the actions of both

Aldi, known for making products that are “like brands, only cheaper”, has been held to infringe Thatchers' trademark in respect of its lookalike cloudy lemon cider product, writes Geoff Steward. Last week, the Court of Appeal of England and Wales found in favour of Thatchers, who had bro

Jude Copeland examines a ruling on procedural issues in the UK's first major copyright battle over generative AI technology. On 14 January 2025, Mrs Justice Joanna Smith DBE delivered a reserved judgment in Getty Images (US) Inc and Ors v Stability AI Ltd [2025] EWHC 38 (Ch), offering a glimpse into

The start of a new year usually involves making predictions about what the coming year may bring. So what might the Scottish litigation landscape look like over the coming 12 months? Nicola Ross lays out her predictions. There are several high profile judicial review cases currently before the Scott

Today's Holocaust Memorial Day (HMD) marks the 80th anniversary of the liberation of the concentration camp at Auschwitz-Birkenau. Its theme is “For a Better Future”, in support of which it has been requested that people raise awareness of those murdered. This article focuses on raising

A very important lesson for those embroiled in disputes – and for their lawyers, too – popped up last week in the postscript of Lord Cubie's judgment in Hafthorsdotir v Eyvindsson, writes Bobby Murray. In short (and at the risk of some slight oversimplification), a husband had litigated