Opinion

The long-awaited relinquishment and assignation procedure in respect of 1991 Act agricultural tenancies came into force on 28 February 2021. Simon Boendermaker explains the details.  Relinquishment

The law of damages for unlawful eviction in Scotland fails victims and does little to deter landlords. It requires urgent reform, write Rebecca Morton, Shaun McPhee and Ben Christman of the Legal Services Agency. Eviction without a court order is both a crime and a civil wrong in Scotland, yet victi

We humans are never lacking in our enthusiasm for crazy ‘investment’ ideas. Around four hundred years ago the Dutch managed to work themselves into a frenzy over tulip bulbs. At the height of the hysteria one bulb of Semper Augustus apparently changed hands in exchange for 12 acres of la

With most of Scotland’s hospitality sector reopened after lockdown, employers will need to consider what impact new ways of working will have on the mental health of the workforce, writes Audrey Ferrie. Employers should be looking to put in place support mechanisms and creating a culture

The Corporate Insolvency and Governance Act 2020 imposed a temporary halt on the use of statutory demands and winding up petitions where the tenant is unable to pay its bills because of coronavirus. As a result two uniquely Scottish remedies available to landlord creditors have come into the spotlig

Back in March 2020, when the world turned upside down, whilst we started panic buying toilet roll, washing our hands singing Happy Birthday, doing Zoom pub quizzes and our daily Joe Wicks workouts, another strange phenomenon materialised: Spaces for People. The Scottish government and Sustrans initi

The Scottish government has made a conscious decision to deprive the legal aid system of funding. The number of lawyers able to service the scheme is dwindling. Wooed by COPFS or simply unwilling to be the sticking plaster in a broken system, they have left. As lawyers strike today, solicitor advoca

While remote hearings have proven useful over lockdown, they should not supplant in-person justice, says Dean of Faculty, Roddy Dunlop QC. When lockdowns were first imposed in Scotland, the Scottish Courts and Tribunals Service – despite what might fairly be said to be years of under-funding &

In the 53rd and bonus addition to the jurisprudential primer series, Kapil Summan discusses the debate around the 'not proven' verdict and the views of its supporters and detractors. Thanks are due to Benjamin Bestgen and Dr Brian Barry, of Technological University Dublin, with whom the author had u

Further legislation incorporating international conventions into Scots law could also face legal challenges, warns Andrew Stevenson. It is vital to ensure prudent management of taxpayers’ money that authorities act within their powers (intra vires). Had they done so, numerous UK local authorit

The civil justice system also has its part to play in tackling the climate emergency, writes John Sturrock QC. CO2 concentration in the atmosphere is at record levels, higher than for 3 million years. According to the former Governor of the Bank of England, and now UN special envoy on climate action

World markets are very difficult to predict, and predicting the fortunes of a single company or stock is almost impossible. As consumer choices determine the success of a product, and with human nature being unpredictable and inconsistent, selecting the ‘right’ stock to buy is certainly

John Bett, partner and head of dispute resolution and litigation at Lindsays, details why ignoring furlough mistakes could be costly for businesses. Mistakes happen in life and business. The important thing is that we act upon them and try to make the error good as soon as we realise.

Julie Harris of Allan McDougall Solicitors explains the details of a liability case in the All-Scotland Sheriff Personal Injury Court. On 22 February 2019, Mrs Yvonne Forrest was going to shop at Iceland on Portobello Road, Edinburgh. From the car park, there is a ramp leading towards the shop

Lorna Hale provides a new mum’s perspective on the challenges and opportunities of the last year. Returning from maternity leave can be daunting at the best of times. Before I had my baby, I lost count of the number of times people told me that when I returned nothing would have changed.