Opinion

In October 2018 the Deputy First Minister John Swinney committed to establishing a financial redress scheme for survivors of historical child abuse in care in Scotland. This will require legislation to be passed by the Scottish Parliament. The Scottish government has now launched a public consultati

The Scottish government has launched a consultation on implementing section 11 of the Human Trafficking and Exploitation (Scotland) Act 2015, which supports the introduction of independent child trafficking guardians. Child law expert Nicola Hogg explains the details.  The act was passed in Oct

Fraser Mitchell explains the details of the infrastructure levy regulations in Scotland's new planning legislation. The Planning (Scotland) Act 2019 has arrived following the most recent review of the Scottish planning system. In amongst significant changes to development planning and modest changes

Paul Craig, professor of English law at St John's College, Oxford and an authority on administrative and EU law, writes about important issues of constitutional principle and law raised by the prospect of prorogation as well as those concerning fact and causation. Constitutional principle and law

The Scottish Legal Action Group (SCOLAG) sets out its views here on the Whole Life Custody (Scotland) Bill, proposed by Liam Kerr MSP. We have considered the terms of the consultation document and have followed closely the parliamentary and public debate on the bill.

Charles Livingstone and Douglas Waddell look at the recent phenomenon of crowdfunding litigation. Litigation can be expensive, time-consuming and open-ended. As anyone who has ever pursued or defended a court action knows, it’s impossible to guarantee how long the process will take or how much

In the wake of a possible no-deal Brexit, the law surrounding consumerism could be subject to various vital changes, writes Jeremy Glen. Legislation currently governing the protection of consumers is essential in the development of the internal market. It ensures that consumers within the EU are pro

What do Elton John, Cristiano Ronaldo and Kim Kardashian have in common, aside from being well-known names if you are a follower or fan of celebrity culture? They have all made news headlines with reports of surrogate mothers providing them with their little bundles of joy.

The ‘Brexit means Brexit’ refrain from those supporting the UK’s departure from the European Union has become rather well-worn – especially when those that state this are seemingly prepared to overlook a more important point: the law is the law, writes Elaine Motion. On 6 Sep

On 9 December 2019, the senior managers and certification regime (SMCR) will come into force for all Financial Conduct Authority (FCA)-regulated asset management firms, replacing the old approved persons regime. Sarah Leslie tells practitioners what they need to know. Final policy statement

A lawyer writes about their experience applying for a role in Scotland's judiciary, covered in SLN earlier this year. Clicking on your daily Scottish Legal News email one morning, you see that the Judicial Appointments Board for Scotland, or JABS as it likes to be known, is recruiting again. Th

A recent decision by the Inner House of the Court of Session held that Scottish courts have the ability to grant protective orders against an employer’s assets even where claims have been brought against them in an Employment Tribunal, write Eleanor Mannion and Laurie Anderson. The Case

Defence solicitor Gordon Ritchie charts the decline of Scotland's justice system and respect for the rights of the accused. As I approach the 30th anniversary of my admission as a solicitor, and contemplate a retirement into the great unknown of pipe and slippers, I considered the changes in law and

Employers will be taking a sharp intake of breath at the recent decision of the Court of Appeal in the case Brazel v The Harpur Trust (UNISON intervening) which addresses how to calculate pay for workers and employees who work irregular hours throughout the year, writes Tricia Walker. The decision

Equal pay claims have certain special features, and the case of Graysons Restaurants Ltd v Jones and others highlights what that means in an insolvency context. Equal pay claims are based on discrimination principles but are basically breach of contract claims. They also have a unique treatment unde