In this article, Terra Firma's Fred Mackintosh QC considers the source of the legislative powers used in Scotland to tackle the COVID-19 pandemic and whether this could restrict the choices available to the Scottish government about how and when to relax or re-impose lockdown rules. Coronavirus has
Opinion
For those interested in horology, the law of prescription has seen the pendulum swing wildly from pursuer to defender in a relatively short space of time, writes Jamie Robb. In broad terms, section 6 of the Prescription and Limitation (Scotland) Act 1973 extinguishes certain claims more than five ye
Richard McMeeken details new proposals to deal with the contract law implications of the current crisis. Following a meeting on 7 April 2020 of the British Institute of International and Comparative Law attended by (among others) Lord Neuberger, Lord Phillips, Sir David Edward and Sir William Blair
In the tenth in his series on jurisprudential primers, Benjamin Bestgen looks at how the law might handle cognitive enhancements as new drugs are developed and our perceptions change. The movie Limitless deals with a struggling author who is given a drug that vastly increases his cognitive abil
Nicola Ross explains the details of new legislation aimed at helping ailing businesses. The Corporate Insolvency and Governance Bill was read in UK Parliament at the end of May and is likely to be welcomed by many struggling businesses which are facing potential insolvency due to coronavirus.
Against a backdrop of challenges for criminal law practitioners, Sophie Russell of MTM Defence Lawyers considers the skills set that young lawyers need to develop as firms adapt to the changing nature of criminal law. Many of you may recall the careers fair at university, where a number of larger le
Carole Ewart comments on the much-derided move by the Scottish government to extend FOI response times in the midst of the pandemic – a move that has since been reversed. On April 1, politicians voted to change freedom of information (FOI) law in Scotland. Thankfully, seven weeks later, a unit
From 8 June 2020, anyone entering the UK (whether as a resident or a visitor) will have to self-isolate for 14 days under new government rules. Elaine McIlroy details the latest rules and how they affect employers. Please note that the rules are reviewed every three weeks. Requirement to provid
Michael Reid, managing partner at Aberdeen-based Meston Reid & Co, discusses the suspension of wrongful trading. When the temporary suspension of wrongful trading rules for company directors was announced, the UK government commented that it was designed to help business owners combat the f
Benjamin Bestgen discusses law in utopian fiction. See his last jurisprudential primer here. Dystopian fiction has enjoyed significant popularity again in recent years: Day of the Oprichnik or Hunger Games followed the footsteps of classics like The Handmaid’s Tale, 1984, The Dispossessed, Dar
A change in the immigration guidance issued by the Home Office is likely to make it much harder for many EU citizens in the UK to become British citizens. Prior to that change, an EU citizen who had acquired “Settled Status”, which gives them “indefinite leave to remain”, cou
Stuart McWilliams details the immigration implications for businesses restructuring during the pandemic. The economic consequences we are experiencing because of the coronavirus crisis are clear. Many businesses are closed, while others are trying to reduce costs as they cope with a loss of income.
Blackadders' Donna Reynolds details the trials and tribulations of life on lockdown. Monday: Keeping up appearances
The recent decision of the Inner House in Proven Properties (Scotland) Limited, reported in Scottish Legal News on 14 May, raises questions about the effectiveness, or at least the scope, of the Property Factors (Scotland) Act 2011, writes Tom Marshall. Briefly, the case concerned a block of 15 flat
At the end of 2017 the new Electronic Communications Code (enacted by the Digital Economy Act 2017, amending the Communications Act 2003) replaced the old 1984 Telecommunications Code. After two-and-a-half years, the new code is producing a steady flow of decisions, throwing some much-needed light o