Opinion

Laura McKenna discusses a case in which the claimant suffered from paranoid delusions, but was not considered to be disabled. Suffering from a serious mental health condition is no guarantee of disability status.

Sarah Lilley discusses the impact of COVID-19 on courts in Scotland, particularly those in more rural areas. The impact of COVID-19 has resulted in us adapting many practices in our daily lives, both personally and professionally. The Scottish courts are no exception. As a busy family lawyer pr

Dr Ronan Cormacain of the Bingham Centre for the Rule of Law considers a lesser-discussed aspect of the controversial Internal Market Bill. Huge controversy has already been generated over provisions in the United Kingdom Internal Market Bill granting Ministers the power to disapply the Withdrawal A

Joanna Cherry QC MP writes about the possibility of the UK government decriminalising torture and the impact this would have on soldiers. Does Boris Johnson care so little for the law that he would allow the decriminalisation of torture?

Benjamin Bestgen takes a further look at free speech this week, see last week's jurisprudential primer for part one. Open a newspaper or look through social media and you will find people expressing their upset about all kinds of real or perceived wrongs.

Elaine Motion, chairman of Balfour and Manson, pays tribute to Ruth Bader Ginsburg, who served as an associate justice of the Supreme Court of the United States from 1993 until her death last week at the age of 87. I was immensely saddened to hear the news of Ruth Bader Ginsburg’s passing at t

Fraser Mitchell writes about proposed technical changes to Scottish planning policy and the relevant Scottish government consultation. In July, the Scottish government published a consultation on what it describes as a “technical amendment” to Scottish Planning Policy (SPP). The consulta

Noel Ferry looks at the implications of the Children (Scotland) Bill, and where it could have gone further. The Children (Scotland) Bill has been passed by the Scottish Parliament, ushering in a number of significant changes to Scottish family law.

Paul Motion considers live streaming where the individual is innocent. On 15 July 2020 the UK Supreme Court gave judgement in Sutherland v HMA [2020] UKSC 32. Mr Sutherland was the subject of a “sting” by a “paedophile vigilante” group. He exchanged messages and photographs w

Irish barrister Paul McGarry SC explores the opportunities for Irish lawyers following the UK's exit from the EU. The sabre-rattling by the UK government over the Northern Ireland Protocol has again brought the debate about the future arrangements between the EU and the UK into sharp focus. But no m

Linda Walker looks at the risks of mixing business and pleasure in the family home. COVID-19 and the subsequent lockdown hasn’t been easy on anyone. Families and couples have been stuck in close quarters for long periods, leading to strained moments. For those of us lucky to continue work

Fiona Caldow and Gareth Hale consider a recent decision by the Supreme Court on restrictive covenants in restraint of trade. In Peninsula Securities Limited v Dunnes Stores (Bangor) Limited [2020] UKSC 36, the Supreme Court upheld the terms of a lease, finding that a restrictive

Alison Bryce considers the uncertainty for the Scottish food and drink industry in the event of a no-deal Brexit. Over the last 47 years, the UK’s laws, regulations and processes have become inextricably linked with the European Union. There are a number of factors to consider in the inevitabl

Benjamin Bestgen takes an honest look at marriage in his latest jurisprudential primer. See last week's here. During my legal studies, a professor opined that one of the most legally significant things the majority of people will ever do in their lives is to marry and divorce (the other th

Neilsons looks at the release of pent up demand for property in Edinburgh and the Lothians. Back in April, we reported that the local property market effectively entered a necessary “sleep mode” to protect the NHS with the pandemic at its peak. We argued against other commentators about