Opinion

Tara Davison considers whether a notice is valid when served on a party who is specified in the contract, but who no longer holds office and lacks authority to act. In the recent case Scottish case of Michael Wilson v Graeme W Cheyne (Builders) Ltd [2021] ScotSAC Civ (03 August 2021) the Sheriff App

Greater use of bicycles is encouraged but cyclists, like all road users, have duties incumbent upon them to proceed safely, says Steven Smart. One of the key items on the agenda at the upcoming COP26 conference in Glasgow is cutting emissions by planning ahead for the electrification of all cars.

When is an agricultural lease not an agricultural lease? An agricultural lease provides a tenant with various rights, including security of occupation for the agreed length of the lease.

In a criminal justice system where supporting victims is meant to be a priority, why are answers being hidden from those who need them most? Imagine this scenario. You’ve been involved in a serious road traffic collision; your injuries are so serious that you won’t be able to work for mo

An interesting little conundrum for those with too much time on their hands. The flash floods in Edinburgh’s fashionable Stockbridge area earlier this year did significant damage to property, but thankfully, in contrast to similar events in Germany, no lives were lost. For this we may be grate

Andrew Bowen QC of Terra Firma Chambers examines the case law on reflective loss. In the Supreme Court’s seven-justice ‘root and branch’ review of the rule against reflective loss (often referred to as ‘the rule in Prudential’), the majority held that a shareholder coul

Advocate Jon Kiddie of Terra Firma Chambers explores the use of the Scots language in Scots law. ‘That the Court of Session, or College of Justice, do, after the Union, and notwithstanding thereof, remain, in all time coming, within Scotland, as it is now constituted by the Laws of that Kingdo

Alan Meek, partner and head of Morton Fraser's restructuring and insolvency team, discusses the intricacies of limited liability. In this two-part article we highlight for directors some of the main ways in which the general protection of limited liability does not apply or can be lost.

Advocate and former Labour MP Mark Lazarowicz examines the new SNP-Green deal and assess how radical an impact its commitments could have on the natural environment in Scotland. The ‘co-operation agreement’ between the SNP Scottish Government and the Scottish Green Party includes, as one

Douglas Roberts, partner at Lindsays, discusses the economic benefits of employee-ownership in Scotland. By 2030, the Scottish Government hopes the country will be home to 500 employee-owned companies. It’s an ambitious target which requires sustained focus, but I’m in no doubt achieving

Cat MacLean, partner and head of dispute resolution at MBM Commercial, explores the judgment issued this morning in Sekers v Clydesdale [2021] CSOH 89. Online fraud has been on the rise for many years. The advent of lockdown and working from home has seen the volume of attacks increase by one third

Alan Meek, partner and head of Morton Fraser's restructuring and insolvency team, discusses the intricacies of limited liability. Limited liability is one of the fundamental concepts in our understanding of company law.

A piece in the FT yesterday on the Lugano Convention was one of the first that has looked at the family law consequences of the UK no longer being a party to the Convention (which provides agreed jurisdictional rules in cross border cases for civil and commercial matters, and provides for recogniti

As part of a two-page spread by The Sunday Post highlighting the need for a change of strategy in dealing with drug crime, Melissa Rutherford makes a heartfelt plea for radical reform. As a criminal defence solicitor primarily practising at Glasgow Sheriff Court, I see how devastating drug use is to

Carolyn Jackson looks at how the courts have dealt with medical evidence for which there is no record. When weighing up the evidential strength of medical records, lawyers often say that if it wasn’t written down, it didn’t happen. But simply because something has been written down at th