Opinion

One of the most striking of legal fictions, that of the escaped tiger, has stuck with Jackie McRae, who encourages readers to declare Scott & Sons v Del Sel the greatest entry in Session Cases. Vote for your top three here. Every judgement tells a story. Law reports make those sto

The latest director disqualifications are a reminder to every company in the construction sector of the importance of ensuring that staff understand what conduct will expose their firm to prosecution, writes Jamie Dunne. In the last few weeks, the Competition and Markets Authority (CMA) has sec

Private residential landlords would be wise to take notice of Scotland’s first wrongful termination order. It establishes the fact that the law has teeth and can bite, writes Paul Harper. It is a ruling which underpins the fact that it could prove costly to evict tenants under false pretences

The All-Scotland Sheriff Personal Injury Court has determined that Forth Boat Tours are not liable for injuries sustained by a former employee on July 2018, writes Ross Fairweather. In July 2018, the pursuer was working in the course of his employment as a barman with Forth Boat Tours. The defender

There is no doubt that the Covid-19 pandemic has altered the approach that the European Patent Office (EPO) has taken with respect to oral proceedings being held by video conferencing, writes Stefanie Glassford. Prior to 2020, whilst oral proceedings by video conferencing before an Examining Divisio

Douglas J. Cusine challenges Justice Secretary Humza Yousaf to break his silence on Scotland's malicious prosecution scandal. A month ago, I posed the question in relation to the Rangers malicious prosecution case: “Where has the Justice Secretary gone?” He has not even said whether ther

Dear Editor, How far we have fallen? It was with horror that I read in your newsletter (19th March 2021) of the proposed pilot for juryless rape cases.

Agricultural tenants could benefit from additional protections in the aftermath of the Holyrood elections, writes Hamish Lean. With the Scottish Parliamentary elections looming, Fergus Ewing has been sketching out changes that the SNP are considering to agricultural tenancy legislation if they remai

Thomas Mitchell details a personal injury case exemplifying that liability often comes in shades of grey.  As a personal injury lawyer, specialising in representing those injured in road traffic collisions, I read with interest the decision of Lady Wise in the recently reported decision of Wido

A snail in a bottle that was no storm in a teacup, Lord Kinclaven encourages readers to declare Donoghue v Stevenson the greatest entry in Session Cases as we celebrate 200 years of those venerable law reports. The legal significance of the decision in Donoghue v Stevenson, 1932 SC(HL) 31, is b

Simon Allison discusses employment law issues – but through the medium of Line of Duty. So, at the end of season five of the BBC’s Line of Duty, what have we learned?

Wealthflow's Dr George Callaghan explains why you should add the special sauce of compounding to your financial diet. Imagine the scene: it’s January the second and you have made a resolution to make healthier meals for yourself and the family. After a bit of internet searching, you find spina

Michael Reid, managing partner at Meston Reid & Co, gives his take on how changes to insolvency law could come into play for one key industry sector – the fishing industry. Whether it is the continuing impact of Covid-19 or the more recently reported effects of Brexit, media comments proli

This month marks a year since the UK went into its first national lockdown in response to Covid-19. The legal sector adapted quickly and embraced technology to continue to deliver legal services.  This adaptability has been particularly evident in alternative dispute resolution (ADR) – sp

Benjamin Bestgen turns his eye to the legalities of torture this week. See last week's jurisprudential primer here. Torture is a disturbingly common feature in our entertainment. In medieval or horror stories but also war and crime movies, books or TV series, the bad guys routinely torture innocents