Opinion

Scots law has had – and continues to have – many influences, from ancient Rome to the modern-day parliaments and courts. European, UK and Scottish legislation all continue to play a part in Scots law albeit that Brexit has greatly diminished the European influence in terms of new EU laws

A terrible fate potentially awaits any Scottish folk troubadour lacking knowledge of US copyright law should he or she be tempted to record or sing in public a Scottish variant of Woody Guthrie’s great American anthem This Land is your Land, This Land is my Land, for they could find themselves

Quis provides some advice on 'court craft'. The sum of £54,000 of public money for legal advice. That might not seem too extreme. This was the figure paid by the civil service in Scotland for “external preparation” for the Salmond inquiry, despite there being 139 lawyers employed i

Iain Penman discusses the changes to Scotland's bankruptcy laws in the wake of the coronavirus pandemic. Last year, temporary changes to the bankruptcy process were brought in by the Scottish government, to help individuals financially impacted by the pandemic. Scottish ministers have now intro

Last week Sheriff (rtd.) Douglas Cusine contributed an article to Scottish Legal News entitled ‘Not proven’ debate lacks clarity. In it, he said, “For me, a ‘not proven’ verdict reflects what we have all experienced, and that is, ‘I’m just not sure.” S

Alastair K Shepherd reflects on the traineeship he began in 1981 as he retires this month, having spent four decades in the law. I am retiring from private practice with Coulters Legal LLP on 30 April 2021, forty years after I started my legal career as one of the first batch of trainees. We had bee

Jennifer Stewart details an interesting case on an employee's refusal to wear a mask and his subsequent dismissal. Spring is in the air; the vaccination programme is well under way and with the increasing relaxation of restrictions over the next few weeks, things are edging closer to some semblance

While many started their traineeships during the pandemic, Anna Reilly was also seconded during it. When I began my traineeship at Morton Fraser, I did not expect to have the opportunity to work directly for the Government Legal Service for Scotland (GLSS), not least in the midst of a pandemic.

With great power comes great responsibility. I know that this quote is most often attributed (wrongly) to Spider-Man. Perhaps it has its true genesis in Luke 12:48, but for present purposes the hint of superpower is apt.

We have all heard of the gender pay gap but less is said of the gender pension gap: the difference in the retirement income of men and women, writes Amanda Jack. The gender pension gap is close to home for me, as my mum has fallen victim to it. My dad was the main earner in the house and frequently

The Tenant Farming Commissioner (TFC) has published a guide to Relinquishment and Assignation (R&A). Kate McLeish explains the details. The R&A measure allows secure agricultural tenants to offer to relinquish their tenancy to the landlord in exchange for statutory compensation. If the landl

Jae Fassam, partner at law firm CMS, discusses the increasing role of Environment, Social, Governance (ESG) in Scottish businesses. As Scotland recovers from COVID-19 and businesses adjust to a new, post-Brexit landscape, rebuilding the economy in a sustainable manner will be the core focus over the

Stefanie Glassford follows up on her original post detailing the altered approach that the European Patent Office (EPO) has taken with respect to oral proceedings being held by video conferencing. The legality of holding oral proceedings without the consent of all parties has been formally ques

"Travelling with an enormous piece of luggage only seems like a contradiction in terms to those who feel properly dressed for every occasion in T-shirt, jeans, and trainers," writes Bernhard Roetzel. But have times changed and should smart casual or something worse prevail? We hope not. Benjami

A case of constitutional importance, AXA General Insurance Co Ltd v Lord Advocate 2012 SC(UKSC) 122 is Sheriff K J Campbell's favourite entry in Session Cases, whose bicentenary we celebrate this year. Nominate your favourite cases here. What an intriguing challenge: nominating the top Session