Opinion

Benjamin Bestgen considers judges and politics (click here to view his last jurisprudential primer). See also SLN's review of Lord Sumption's book dealing with the same theme. In April 2020, Polish Supreme Court President Malgorzata Gersdorf retired. She noted that she had been unable to stop contes

Roddy Cormack explores the role of designers in the return to operations for the construction industry in the midst of the pandemic. It’s important to remember the responsibilities for ensuring a safe and healthy construction site don’t rest solely with the contractors. Under the Co

James Hamilton, writing for the WS Society, explores how enlightenment values helped Edinburgh defeat the twin scourges of typhoid and cholera. They didn’t speak of it, so we do not know what the builders of the Edinburgh New Town thought would have become of their city a century later. Abando

Douglas Mill looks at the handling of the current crisis and its likely outcomes for the profession. I'll save you googling it. It was Daniel Defoe in 1772 writing about London in 1665. And here's another quote for you: "The people did not flee the city. Some shut themselves inside their homes, thin

Karyn McCluskey explains why the status quo on prison numbers cannot continue. The words you use matter. To give a random example, If I tell you to "stay alert" you might be a bit confused as to what you’re being asked to do. You might not necessarily assume I mean “stay at home as much

Roger Connon extols the benefits of remote working as it looks set to become the new norm. Remote working has come of age during the COVID-19 crisis and it will have a lasting impact on the way in which oil and gas lawyers conduct business. The pandemic has undoubtedly altered the mindset of corpora

Frances Sim contrasts the opt-in and opt-out approaches to group proceedings. Class actions have been generating interest recently due to several high-profile actions, such as the ongoing emissions case brought against the Volkswagen Group. A decision is now eagerly awaited in Mastercard’s app

Alan McIntosh explains why it is "vital" that the amendments proposed by Jackie Baillie MSP to the latest coronavirus bill are implemented. The role of the Scottish government in this crisis is to protect its citizens, and as we move through this COVID-19 crisis and diverge from the rest of the

Lockdown has created domestic tensions of many kinds in the home, for those in all different kinds of relationships, writes Lynne Mulcahy. Family lawyers are concerned about a number of adverse effects of the current crisis and the impact on clients (and others), who might be experiencing relat

Administrative law expert Paul Daly explores the Supreme Court's judgment in R v Adams. On two occasions in the 1970s, Gerry Adams, allegedly a leading member of the Irish Republican Army at the time and later a prominent Sinn Féin politician, was convicted of attempting to escape from lawful

Andrew Phillips explores the potential abuses of the furlough scheme.  In their recent COVID-19 update, the Serious Fraud Office (SFO) sought to assure us that they will continue to investigate suspected fraud, bribery and corruption, adapting ways of working where necessary to adhere to govern

Benjamin Bestgen looks at why you might breathe a sigh of relief knowing his lordship has had breakfast. See his last jurisprudential primer here. Legal television like My Cousin Vinny, Silk or The Good Wife is sometimes used to exemplify courtroom dos and don’ts – the first one having r

Karen Dance looks at certain law reforms in the context of the latest personal injury court statistics. From 27 April 2020, Scottish solicitors have been able to enter into agreements with their clients in all personal injury claims to take a percentage share of damages as a fee for success. The leg

Alison Edmondson looks at the issue of credibility and reliability of witnesses over Zoom. As my recent blogging history reveals I’m currently vexed by the question of whether family cases requiring evidence from witnesses should go ahead remotely. If we don’t have evidentiary heari

Benjamin Bestgen explores trust and trustworthiness in his latest jurisprudential primer. See his last post here. Literature and movies are full of stories that have, either at their core or as a necessary ingredient, the topic of trust and trustworthiness. Recently, Marriage Story (2019) dealt with