Opinion

In the 53rd and bonus addition to the jurisprudential primer series, Kapil Summan discusses the debate around the 'not proven' verdict and the views of its supporters and detractors. Thanks are due to Benjamin Bestgen and Dr Brian Barry, of Technological University Dublin, with whom the author had u

Further legislation incorporating international conventions into Scots law could also face legal challenges, warns Andrew Stevenson. It is vital to ensure prudent management of taxpayers’ money that authorities act within their powers (intra vires). Had they done so, numerous UK local authorit

The civil justice system also has its part to play in tackling the climate emergency, writes John Sturrock QC. CO2 concentration in the atmosphere is at record levels, higher than for 3 million years. According to the former Governor of the Bank of England, and now UN special envoy on climate action

World markets are very difficult to predict, and predicting the fortunes of a single company or stock is almost impossible. As consumer choices determine the success of a product, and with human nature being unpredictable and inconsistent, selecting the ‘right’ stock to buy is certainly

John Bett, partner and head of dispute resolution and litigation at Lindsays, details why ignoring furlough mistakes could be costly for businesses. Mistakes happen in life and business. The important thing is that we act upon them and try to make the error good as soon as we realise.

Julie Harris of Allan McDougall Solicitors explains the details of a liability case in the All-Scotland Sheriff Personal Injury Court. On 22 February 2019, Mrs Yvonne Forrest was going to shop at Iceland on Portobello Road, Edinburgh. From the car park, there is a ramp leading towards the shop

Lorna Hale provides a new mum’s perspective on the challenges and opportunities of the last year. Returning from maternity leave can be daunting at the best of times. Before I had my baby, I lost count of the number of times people told me that when I returned nothing would have changed.

A revision to the UK government’s right to work policy framework is bemusing some businesses – primarily because it may be seen to override some of the safety principles behind the ongoing Covid-19 restrictions, says Kelly Hardman. From May 17, businesses across the UK will need to resum

The Advocates Library is at the heart of Scotland’s legal system and the heart of an advocate’s daily practice. It has played a central role in the life of the nation since it was founded in 1682 by the then Lord Advocate Sir George Mackenzie of Rosehaugh, who had become Dean of the Facu

Sarah Gilzean explains a recent case in which a male employee on shared parental leave could not compare his treatment with a female on adoption leave. In Price v Powys County Council, the Employment Appeal Tribunal (EAT) has dismissed an appeal in a sex discrimination claim by a male employee who a

Lorna Richardson outlines why reform of the regime on terminating commercial leases is long overdue. Given the operation of tacit relocation in Scots law, notice to quit has to be served by the landlord on the tenant or vice versa in order to bring a commercial lease to an end. It is a matter of sig

Leverage, often referred to in investing as a ‘double-edged sword’, is another word for borrowing money to own more of an asset. Much like a mortgage on a house, it enables individuals to own a higher-value asset than they would otherwise be able to afford. However, there is the risk tha

All good things must come to an end: in this, the 52nd and final of Benjamin Bestgen's jurisprudential primers, he discusses policing. Watch this space, however, as we plan to offer the series in a more permanent form. See his last primer here. Policing has been a controversial occupation proba

As the government continues to push the construction industry to move more of the building process off-site and into factories, Roddy Cormack explores a conundrum which must be solved if the industry is to thrive in this area – who owns what on a partially built project?  The conundr

Iain Penman explains the advantages and disadvantages of a Minimal Asset Process (MAP) bankruptcy in Scotland. Bankruptcy, or sequestration as its often called in Scotland, is governed by the Bankruptcy (Scotland) Act 2016 and is available to people, partnerships, trusts and some other unincorp