Opinion

Currently, companies which benefit from fraudulent acts by employees or contractors are rarely prosecuted, but that will almost certainly change when new laws come into force which make it far easier to prosecute and to hold companies criminally liable for failing to prevent fraud from which they be

Every advance in the dissemination of human knowledge – from the printing press to newspapers, television and the internet – has initially been seen as much as a threat as an opportunity. But few new systems have been greeted with such suspicion as AI, writes Sinead Machin. Largely

Neil Stevenson welcomes the Regulation of Legal Services (Scotland) Bill, but ignores or fails to notice that the Scottish government is proposing a legal services regulator to take control of the entire legal profession. That would include entry to it, standards of education, discipline within and

Stuart McWilliams discusses the upcoming increases in UK visa fees, the impact on applicants and employers, and suggests strategies to minimise the financial burden of these changes. They say the only certain things in life are death and taxes, but most immigration lawyers will tell you that rising

The Scottish Law Agents’ Society has responded to Holyrood's consultation on the Regulation of Legal Services (Scotland) Bill. A condensed version of the response is reproduced below. We are deeply uneasy about why the Scottish government feels that it is desirable, appropriate or necessary to

The Flexible Working Bill will likely see more employees become aware of the right to make flexible working requests and the volume of these requests will increase, Laura Salmond suggests. On 29 July 2023, the Employment Relations (Flexible Working) Bill received Royal Assent. These amendments

Robin Turnbull writes about the recent legal victory for trade unions in the UK, making it illegal for employers to use agency staff to cover the work of striking employees, and discusses the potential implications. Following a recent legal challenge by 13 trade unions, it is now illegal for em

Andy Drane looks at the emerging trend of large corporations partnering with landowners to finance carbon offset projects as part of their efforts to reach net zero emissions, and discusses the opportunities, risks, and considerations involved for the landowners. Most landowners will fully recognise

Sheriffs across Scotland make decisions every day in contact/residence cases that will affect the lives of children not just for this month or this year but will influence their relationships for the rest of their life. Their decisions are made ‘in the best interests of the child’. But h

As is my wont, I will try to avoid ambiguity – the Victims, Witnesses, and Justice Reform (Scotland) Bill is, in part, dangerous and not just because some of the drafting is appalling. I will not comment on the whole bill but on a few aspects.I am not suggesting that there is no roo

In the case of Kirkwood v Thelem Insurance, 2023, the Inner House of the Court of Session shone a light on the recoverability of English solicitors’ costs for a litigation conducted in Scotland before the Court of Session, write Mark Hastings and Gavin Aitken.

Life in plastic, may not always be fantastic… The Barbie® brand faces a trademark dispute just as the blockbuster movie of the year is released, writes Amy McSkimming. The makers behind the Barbie® doll filed a notice of opposition to the U.S. Patent and Trademark Office challeng

In July 2018, the Judicial Protocol Regulating Direct Judicial Communications between Scotland, and England and Wales, in Children’s Cases was first published. The 2018 Protocol was accompanied by a helpful and detailed Handbook on family law relating to children in Scotland and in England &am

Kate Darracott looks at the proposed reforms by the Financial Conduct Authority (FCA) to the UK's listing rules aimed at making UK stock markets more attractive to businesses seeking to raise capital, and how they may make the UK listing regime more competitive, particularly for early-stage, high-gr

Marcus Di Rollo discusses housing issues in Scotland, from a shortfall of homes and rising rents to the impact of government policies on landlords and the construction of new homes. In recent weeks, we’ve heard about a handful of city centre properties in Glasgow being turned into student acco