The research into fatal accident inquiries, (SLN, 15 September) for me, reads rather strangely. The researchers looked at approximately 200 cases of deaths in prison, but because in only 10 per cent of these was any recommendation made, they suggest that the system is flawed. It is not clear whether
Opinion
We are now starting to see employment tribunals grappling with Covid-19 related workplace issues. Some of these involve claims from employees with less than two years' service seeking to argue that their dismissals were automatically unfair for health and safety reasons, writes Julie Keir. Automatic
Elaine Elder discusses the implications of the new policy adopted by Aberdeen City Council to tackle the local empty-housing crisis. Aberdeen City Council has adopted a new policy to tackle the local empty-housing crisis.
Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government has recently reformed the law and passed the Prescription (Scotland) Act 2018 – but it is not yet in force. In the meantime, the recent dec
The Scottish Climate Emergency Legal Network (SCELN) has had success in its “Seventh Gas Campaign”, after the UK government recently pledged to bring forward amendments to the UK’s Climate Change Act 2008 (CCA 2008) within the year in response to pressure from the group. SCELN was
Euan Pirie looks at a solution to price uncertainty for construction materials when tendering big contracts. Prices for construction materials have gone haywire in a perfect storm of conditions which have pushed demand up and supply down. So how do the parties to a construction contract deal wi
Nikki Hunter clears up the confusion left in the wake of a recent Outer House case. Practitioners may have read with interest the case of D v D [2021] CSOH 66 where both senior counsel and the instructing agent gave evidence about the advice which they tendered to their former client (the pursuer in
Douglas J. Cusine questions the purpose and scope of the proposed register of judicial interests. The Scottish government is insisting on a register of judicial interests, to promote the ends of “openness and transparency”. It is unlikely that any arguments presented by the former and cu
The purpose of the unification of the Scottish Land Court and the Lands Tribunal for Scotland announced by the Scottish government last week is to simplify arrangements for the resolution of land law disputes. As matters stand, anyone with a legal problem involving land is faced with the question of
The public inquiry into the pandemic should focus on lessons for the future in a timely manner, says Graeme Watson. The only thing we learn from history, according to Hegel, is that we learn nothing from our history. Eighteen months and over 10,500 deaths after Scotland's first Covid-19 case, the Sc
Kieran Smith reveals why group action against Link Fund Solutions, in their role as manager of the Woodford Equity Income Fund (WEIF), is the only way to see justice done. The Woodford Equity Income Fund (WEIF) was the flagship fund of the larger Woodford Fund portfolio managed by former invest
The Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 received Royal Assent on 24 April 2019 but Part 2 of the act, which allows Scottish courts to impose a periodical payment order (PPO) for future pecuniary losses in a personal injury claim rather than to award damages as a
Eilidh Dobson and Iain Drummond comment on legal aspects of the ongoing materials shortage. It will be news to few that the construction industry is experiencing a serious shortage of key materials. The Construction Leadership Council first warned of shortages (in timber, steel, pitched roofing, pla
Niall Moran examines the stalemate between the United Kingdom and the European Union on the implementation of the Northern Ireland Protocol. On July 21, the UK government published its command paper seeking fundamental change to the rules governing trade in goods and the “overarching instituti
You visit a website; on the landing page, before you go any further, you are often asked to make decisions about ‘cookies’, quite often a slider to switch on or off. Some websites, however, don’t ask you to make any decisions and some do not even have a cookie policy. Does any of t