Opinion

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

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

Vaunted legislation incorporating UNCRC into Scots law falls short of expectations, writes Professor Elaine E Sutherland. The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 is something of a disappointment in the light of the ambitious plans that preceded it

Claire Campbell explains why legislation is needed to address the scourge of mould in rented properties. In December 2022, I wrote about the sad death of two-year-old Awaab Ishak in Rochdale in December 2020 as a result of his exposure to damp and mould in his family’s rented property, and str

Alison Webb and Megan Lafferty provide an update on group litigation in Scotland. We are now seeing a growing and quickly developing trend towards group litigation across the UK and globally. The Post Office scandal is one such example, receiving renewed attention over the past month in the wake of

Former judge Lord Uist calls on politicians to respect the separation of powers in dealing with the victims of the Horizon scandal.

If he might crave the reader’s indulgence, this idle scrivener would very much like to share his fun idea for an exciting new parlour game or, equally, a pub quiz for the judicially aware at any learned hangout where good claret can be had. A subtle combination of Where’s Wally and Clued

The understandable furore over the malicious dishonesty of those involved in the prosecution, better word persecution, of innocent sub-postmasters by the once trusted Post Office seems to me merely one example of a wider malaise in our present society. Like many bad-tempered old court lawyers, I hav

The role of the Crown Office and Procurator Fiscal Service (COPFS) in the Horizon scandal must be investigated, writes a concerned solicitor. The recent ITV drama on the Horizon scandal has shocked the nation. This has been an issue that has troubled me since listening to Nick Wallis’ excellen

Stuart Munro, who acted for Susan Sinclair, the first subpostmaster in Scotland whose conviction was overturned on appeal, writes on the scandal that has caught the public's attention. The broadcast of a major new drama on ITV, Mr Bates vs the Post Office, has brought the Post Office Horizon scandal

Retired solicitor advocate David Brookens recalls seeing someone take the law into their own hands in his early days in court. Yesterday's edition of The Times carried a story that really struck a chord with me: a story about a judge in Florida being attacked by a dissatisfied accused. My very first

The Financial Conduct Authority (FCA) has announced proposals to ensure that consumer credit scores will now better reflect individuals’ financial situations, writes Venetia Jackson. The proposals set out a range of measures aiming to improve the information collected by credit reference