Opinion

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

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