Opinion

Michael Cox and Cameron Knaggs discuss a new and much-needed form of security in Scotland. Modern day businesses can have various significant moveable assets that they would like to utilise for the purpose of raising bank finance. For example, many technology businesses are rich in intellectual prop

New PEO rules still fall foul of the Aarhus Convention, writes Ben Christman.  The Scottish Civil Justice Council (SCJC) published an amendment to Scotland’s Protective Expenses Order (PEO) rules on 28 June 2024. This amendment followed repeated criticism of the cost of litigation over th

Irish lawyer Barry Scannell provides a comprehensive guide to the EU's new AI Act. Today, 1 August 2024, marks a watershed moment in the regulation of artificial intelligence as the EU Artificial Intelligence Act officially enters into force.

With two billion users globally, the use of WhatsApp at work is probably here to stay but, as former Prime Minister Boris Johnson and other leaders have discovered, its use is not without its perils, writes Robin Turnbull. The Covid public inquiry brought a host of concerns into sharp relief in

The new Labour government has underscored the transformative potential of AI in its manifesto, particularly highlighting its use in enhancing diagnostic services within the NHS, writes Dr John Zerilli. While the promise of AI in revolutionising the public sector is appealing, it is crucial to p

A Scottish appeal court decision on time bar should provide a stark warning for the construction sector, argues Michael Collins. Five years. That’s how long a party has to make a claim for damages under the Scottish law of prescription (time bar). But when, exactly, does that clock s

On the 1st of May Sir Sajid Javid initiated a parliamentary debate on the UK’s abysmal record on the care and treatment of ME/CFS patients, whose ranks are now much augmented by Long Covid sufferers. There was an almost identical debate held in February 2018 in which the member for Glasgow Nor

Thomas Mitchell makes a renewed call for presumed liability. New offences of causing death or serious injury by dangerous, careless, or inconsiderate cycling have recently come into force. Despite the offences of careless and dangerous cycling having already been around for several years, these new

A recent report by the Grantham Research Institute on Climate Change and the Environment has underscored climate-related claims as a key risk for UK businesses across a wide range of industries, writes Michael Fenn. According to its latest annual report “Global trends in climate change li

Many would acknowledge that Scots law in relation to security over moveables has been behind the curve for some considerable time and that businesses based in or conducting business in Scotland have been disadvantaged as a result, writes Euan Cluness. The legal profession and Scottish businesse

Lewis Richardson and Sian Keddie recently represented the defenders in Nicola Bruff v Royal & Sun Alliance Insurance Ltd. They explain the case below. In the ever-changing landscape of qualified one-way cost shifting (QOCS), defenders have found themselves fighting an uphill battle to recover th

Ailsa Ritchie comments on the construction policy note which has introduced a Graduated Pricing Mechanism as an alternative method of determining price score in tender evaluation. Guidance setting out a new method of determining the price score in tender assessments for construction projects has bee

Neil Kelly examines a case in which the Supreme Court ruled that a collateral warranty isn not considered a construction contract eligible for quick resolution under the Housing Grants (Construction & Regeneration) Act 1996. In a very significant decision for the construction sector issued,

The Circular Economy (Scotland) Bill was passed by the Scottish Parliament on 26 June. Sustainable production and consumption are essential for net zero and the bill aims to support an economy which minimises waste and emissions through supporting re-use, refurbishment, maintenance and recycling. Ac

CEO of Scottish property portal ESPC, Paul Hilton, shares his thoughts on how the new UK government could help to bring about much-needed change in Scotland’s housing. While housing is a devolved matter, ESPC hopes that the promises made by Labour in the recent general election might help to b