Opinion

A revision to the UK government’s right to work policy framework is bemusing some businesses – primarily because it may be seen to override some of the safety principles behind the ongoing Covid-19 restrictions, says Kelly Hardman. From May 17, businesses across the UK will need to resum

The Advocates Library is at the heart of Scotland’s legal system and the heart of an advocate’s daily practice. It has played a central role in the life of the nation since it was founded in 1682 by the then Lord Advocate Sir George Mackenzie of Rosehaugh, who had become Dean of the Facu

Sarah Gilzean explains a recent case in which a male employee on shared parental leave could not compare his treatment with a female on adoption leave. In Price v Powys County Council, the Employment Appeal Tribunal (EAT) has dismissed an appeal in a sex discrimination claim by a male employee who a

Lorna Richardson outlines why reform of the regime on terminating commercial leases is long overdue. Given the operation of tacit relocation in Scots law, notice to quit has to be served by the landlord on the tenant or vice versa in order to bring a commercial lease to an end. It is a matter of sig

Leverage, often referred to in investing as a ‘double-edged sword’, is another word for borrowing money to own more of an asset. Much like a mortgage on a house, it enables individuals to own a higher-value asset than they would otherwise be able to afford. However, there is the risk tha

All good things must come to an end: in this, the 52nd and final of Benjamin Bestgen's jurisprudential primers, he discusses policing. Watch this space, however, as we plan to offer the series in a more permanent form. See his last primer here. Policing has been a controversial occupation proba

As the government continues to push the construction industry to move more of the building process off-site and into factories, Roddy Cormack explores a conundrum which must be solved if the industry is to thrive in this area – who owns what on a partially built project?  The conundr

Iain Penman explains the advantages and disadvantages of a Minimal Asset Process (MAP) bankruptcy in Scotland. Bankruptcy, or sequestration as its often called in Scotland, is governed by the Bankruptcy (Scotland) Act 2016 and is available to people, partnerships, trusts and some other unincorp

Stuart Gillies highlights how the decline of cash during pandemic has resulted in an increase in confidence in financial technology. It’s been over a year now since we first locked down, when shaking hands and meeting a colleague for a coffee was normal – and when wearing slippers t

Writing for Scottish Legal News today, retired judge Lord Uist explains why he supports the abolition of the 'not proven' verdict. There have been many suggestions that 'not proven' is logical because when we make claims about guilt or innocence we stray from certainty; the indicative mood is too st

Eilidh Smith looks at the lessons we can learn from the IP woes of Taylor Swift. Earlier this month, Taylor Swift fans everywhere were treated to the release of Fearless (Taylor's Version), a re-imagining and re-recording of her 2008 LP – the first in a project which plans to re-record and rel

Professors James Chalmers, Fiona Leverick and Vanessa Munro take issue with recent claims about how often and in what sort of case the 'not proven' verdict is used. In a recent piece for Scottish Legal News, Alistair Bonnington criticised calls to scrap the not proven verdict, making a remarkable cl

Hamish Lean outlines an unusual environmental case that will be heard in the Court of Session next month. Beavers became a protected species in Scotland in May 2019. There are two populations, one in Knapdale in Argyll, introduced as part of a scientific trial and properly licensed and another in th

Cameron Greig takes a look at CAAD applications. Compensation following the compulsory purchase of land seeks to put the original landowner in the same position as they were in prior to the acquisition (insofar as money can do so).

Following the launch of a Police Scotland campaign aimed at tackling modern slavery concerns within the construction sector, Ramsay Hall outlines what modern slavery actually involves and what can be done when there's concern about its presence in the supply chain. Exploitation of people c