Opinion

It was reported this week that Alice Sebold, author of the Lovely Bones amongst other works, had issued a public apology for her part in a miscarriage of justice that led to Anthony Broadwater spending 17 years in prison for a crime that he did not commit. But could this miscarriage of justice have

The outcome of a recent case is significant as a test point in law and will be of particular interest to litigation lawyers in Scotland, writes Andrew Foyle. Earlier this week, the Lord President delivered the judgment of the Court in the appeal from the Sheriff Appeal Court concerning the case

In her recent article in The Scotsman, Queen Noor of Jordan urged the G20 nations to acknowledge that there is a diplomatic emergency. As she and other members of the Scotia Group have argued in recent months, states must commit themselves to more ambitious targets, increase financial and practical

Kirsty Yuill takes a look at proposed new traffic rules. According to a 2021 study by Rooster Insurance, 46.6 per cent of drivers have never refreshed their knowledge of the Highway Code. Those road users will no doubt be surprised to hear that 33 of its rules have been updated and five other change

How on earth can you defend self-regulation in this day and age? How can lawyers possibly be allowed to mark their own homework? In my time as convener of the Law Society’s Regulatory Committee, I’ve often heard these questions asked. They are also the easiest questions to answer. No, I

On Thursday 18 November, the European Data Protection Board (EDPB) published its draft guidelines on the interplay between Article 3 (territorial scope) and Chapter V of the GDPR (international data transfers). This is an important development for international data transfers under the GDPR (also re

As the first week of COP26 drew to a close, and fireworks lit the sky in celebration of Diwali and Guy Fawkes night, a group of mediators from across the globe gathered on Zoom to discuss the World Mediators Alliance on Climate Change Green Pledge. The event was hosted by John Sturrock Q.C of Core S

An EAT judgment suggests failure to consult may render dismissal unfair, writes Laura McKenna. There are many things that employers should consult with their staff upon, but is the appropriate sanction in misconduct proceedings really one of them? The Employment Appeal Tribunal in London Borough of

On Thursday 18th November 2021 I appeared on John Beattie’s Drivetime Show on BBC Radio Scotland to discuss the circumstances surrounding the tragic death of Esther Brown – and the criminal proceedings that followed. It occurred to me that there were certain public misconceptions about t

The financial impact of the coronavirus pandemic and lockdown measures was considerable. The loss of revenue suffered during the extended periods of lockdown inevitably had a significant impact on businesses. While the Job Retention Scheme (i.e. the furlough scheme) which ended on 30 September 2021

A recent EAT judgment finds even costs incurred by choice need to be deducted when calculating NMW, writes Nicole Moscardini.  According to HMRC's National Minimum Wage Manual, deductions made from a worker's pay or payments made by the worker to the employer will always reduce national mi

What is admissible in evidence in our ongoing trial of the past? The Arab slave trade? Modern slavery across Asia? Or are rules and consistency passé? Does Lady Justice need scales or will the sword suffice? Edinburgh Council, for example, remains coy about its plaque in Abercromby Place that

Very few of you will have tuned into the Roberton Report a couple of years ago. Even fewer will be aware that the Scottish government (after a lengthy and entirely understandable delay) is only now consulting on its recommendations. Even fewer will respond to the consultation. Why should you? How co

The way we work continues to evolve following the Covid-19 pandemic and clients are now expecting more than just sound legal advice from their full-service law firm. As a result, there has been an increase in demand for legal project managers, writes Amy Ferguson. Legal project management is the app

As COP26 draws to a close today and Glasgow bids farewell to international leaders, business leaders and global environmental campaigners, we have to hope that the commitments made over the last two weeks will be delivered in full (or exceeded) and to the agreed timescales, writes David Young. More