Opinion

Laura Edmunds looks at the case law on personal guarantees in contracts. The past, present and future walked into a bar. It was tense!

When a legal matter involves a child, there is a fine line between protecting the child and excluding them from something which directly impacts them, writes Jennifer Maciver. Recent announcements from the Scottish government suggest that more will be done in this often difficult situation. Minister

Advocate Paul Harvey reflects on the third of Lord Sumption's Reith Lectures, in which the former Supreme Court justice takes the ECHR to task. These are unsatisfactory times for lawyers who wish to engage in public debate. The law, like so many other specialist disciplines, is not always fairly and

On 3 June 2019 Linda and Stuart Allan posted the following on Twitter: “Katie we do not know if you left us a year ago today or a year ago tomorrow. We only know you are gone and our hearts are broken. You are loved. You are missed every day. Rest well our beautiful girl.”

The UK government would do well to replicate the American approach to anti-bribery guidance, writes Tom Stocker. Earlier this month the UK government published a response to the findings of a review of the Bribery Act 2010 by a House of Lords Select Committee. The response provided an insight into t

Julie Hamilton comments on the role of the expert witness in the wake of a recent case south of the border. The recent, high profile collapse of a multimillion pound fraud trial in London highlights the importance of expert evidence. The role of an expert witness should be to provide the court with

Nicola Edgar looks at English proposals to overhaul the medical negligence regime. Sir Rupert Jackson, a former Court of Appeal Judge whose views have previously formed the basis of government policy, has set out radical proposals for overhauling the medical negligence law and procedures for handlin

Agreements between businesses and individuals occur on a daily basis, but what does it take to make them legally binding? Peter Begbie explains. A written contract is a common – and often most advisable – way of legally formalising an agreement. However, it is also possible to establish

As someone who has worked in an M&A specialist law firm, I have great respect for the important role these lawyers play in advising clients involved in a transaction. It is, however, surprising that tax considerations are often overlooked in the initial stages of the deal process only to have ta

The differences between Scotland and England on personal injury compensation may increase in the coming months, writes Kirsty Yuill. The loss of a loved one or a catastrophic injury can be life-changing. When a person is successfully sued for causing such an event, the courts both north and south of

The General Data Protection Regulation came into force on 25 May 2018. As GDPR approaches its first birthday, what should be on your to-do list? Martin Sloan shares his top five actions that will help to ensure you remain GDPR compliant. 1. Check your privacy notice and register of processing activi

David Lorimer, PhD candidate at the University of Aberdeen, analyses a new Northern Ireland report into reforming the law on serious sexual offences. He argues what is law for the accused should be law for the complainer. The Gillen Report to the Criminal Justice Board on reform of the law on seriou

Advocate Michael Upton, M.C.I.Arb., of Hastie Stable, summarises two recent cases on the new Electronics Communications Code. Relations between landlords and telecoms operators in respect of the installation and maintenance of electronic communications apparatus on land and buildings are in importan

Steve Dougherty challenges the shortcomings of the current planning and regulatory system and asks if a quasi-free market approach would appeal to some prospective home-owners in Scotland. For over 30 years I’ve advised clients on all matters pertaining to commercial real estate and obser

Five years on from Dundas & Wilson’s combination with CMS, we should not mourn the loss of Scottish law firm brands, writes Allan Wernham. The number of elite Scottish law firm brands have diminished over the last decade, but we should not feel sentimental about the passing of historic nam