Opinion

Break notices are precarious enough, but some recent cases have suggested that there are occasions when actual receipt of a break notice has to be demonstrated for it to be effective. That can create a significant hurdle for the sender, writes Matt Farrell. In Gateway Assets Limited v C.V. Panels Li

At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post Professor Stephen Tierney addresses a number of trends – only some of which are a direct consequence

With Scotland’s new tribunals structure now progressively coming into operation, lawyers and other interested parties might do well to start updating their internet browser favourites so as to keep up to date with the latest news, write Mitchell Skilling and Douglas Bain. The First-tier T

Kirsty Glennan, senior solicitor at Burness Paull, writes on impending changes to Scottish land law. Every day on my way to work, I pass a bare and neglected plot of suburban land. It is unremarkable but for one feature: it has a sign bearing the name of a local housebuilder. In 15 years, it has not

Frances Ennis looks at a recently issued judgment of the the Inner House in a case that has been closely followed for some years by many of Scotland’s law firms and has implications for the wider business community. The case concerns the Scottish Solicitors' Staff Pension Fund, and the li

Luxury French shoe designer, Christian Louboutin, appears to be close to winning a five-year legal battle to enforce the trade mark of his brand’s distinctive red soles. Last week, the Court of Justice of the European Union (CJEU), ruled in favour of the designer after he sought to prevent Dut

Lesley Murphy looks at the law around remote working. Avoid the commute. Keep a cheeky eye on the World Cup matches. Spend the day in your trackies. What is not to love about homeworking?

Graham Horn recounts the latest legal episode in the battle against Brexit. In December 2017, a judicial review was raised at the Court of Session by Andy Wightman, MSP & Ors, seeking an answer to the question of whether the UK government’s notice of intention to withdraw from the European

Katy Wedderburn and Rhea McKenzie analyse yesterday's employment judgment from the Supreme Court. The UK’s highest court has handed down its judgment in the Pimlico Plumbers case, ruling that Gary Smith was a worker despite being VAT-registered, paying self-employed tax and working under a con

Malcolm Combe, a senior lecturer at the University of Aberdeen and chair of the Scottish University Law Clinic Network, discusses the most recent gathering of law clinic experts. On 6 June 2018, students and staff from seven of Scotland’s universities met at the University of Dundee for the se

Elizabeth Comerford discusses the strategies cybercriminals use against lawyers and some of the precautions firms can take. Cyber fraud is a continuing, ever-evolving and increasingly sophisticated threat to the legal profession. In December 2016, the Solicitors Regulation Authority (the regulator i

It will be interesting to see whether the recent English case of Parkhurst Road Limited v Secretary of State for Communities and Local Government & Another heard in the High Court at the end of April this year will have any impact in Scotland, writes Stephanie Mackenzie. The High Court upheld th

Fraser Sutherland, campaigns manager at Humanist Society Scotland, calls for dead letter blasphemy laws to be scrapped. Last week when talking to friends about the campaign work Humanist Society Scotland, they expressed surprise that Scotland still has a common law offence against blasphemy. To be f

Bonar Mercer looks at a fresh consultation on proposed reforms to the limited partnerships regime. Scottish Limited Partnership (SLPs) (as well as English Limited Partnerships) are a type of business structure formed under the Limited Partnership Act 1907. Unlike English Limited Partnership, SLPs ha

Carole Ford makes the case for fixed fees and greater pricing transparency in the solicitors' profession. Would you be more likely to seek advice from a solicitor if you knew what it was going to cost? Would more information about pricing improve access to justice? Is it possible to provide a fixed