Opinion

Following recent regulatory investigations into fake certificates for construction workers, Ramsay Hall looks at the risk of fraud for organisations in the sector and the practical steps that can be taken to mitigate risk. In August 2019, it was reported that the total value of fraud cases appe

In the past five years, insolvency rates in the construction industry have increased more quickly than in other industries across the UK. Womble Bond Dickinson (WBD) lawyers Simon Lewis and Philippa Jones consider the common causes of construction insolvency and how construction firms can protect th

David Wilson considers a case that clarifies 'practical completion'. For the first time in recent years, the courts have considered the definition of practical completion in the case of Mears Limited v Costplan Services (South East) Limited, Plymouth (Notte Street) Limited, J.R. Pickstock Limit

Advocate Michael Upton of Hastie Stable examines the issues at the centre of an English court appeal being heard this week. It may seem axiomatic that rights to use or to occupy land must flow - directly or indirectly - from a present or past land-owner. But in the important field of telecoms operat

Richard McMeeken, partner at Morton Fraser, reflects on the benefits of the commercial courts system following its 25th anniversary earlier this year. Specialist courts in Scotland are nothing new. In 1994 Lord Penrose established a commercial court in order to respond to the demands of the business

Proposed legislation should avoid forcing parties to attend mediation information sessions, writes Malcolm Gunnyeon. As litigants increasingly look for quicker and more cost-effective alternatives to the courts, mediation has become well known as a means of resolving disputes.

On the 1st July, the Borderlands Growth Deal was officially signed and will see £394.5 million invested into projects that involve five councils in the Borders. Three of these councils are in England, and the two Scottish councils are Dumfries and Galloway and Scottish Borders. The deal encour

Stephen Vallance discusses a law fair initiative that showcases the opportunities at high street firms.

The Lord Advocate, James Wolffe QC, writes on his desire to improve efficiencies in the Fatal Accident Inquiry system. An unexpected death can have a devastating impact on the bereaved, who have to confront not only the grief which follows the loss of a loved one but also questions about why the dea

Edinburgh solicitor Tara Davison writes on recent Sheriff Court proceedings exposing a lacuna in the law. At a recent case in Edinburgh Sheriff Court the pursuer's agent was called in to address the Sheriff at a pre-issue hearing regarding a motion for sanction of the employment of counsel made at t

Conor Gearty, professor of human rights law at LSE Department of Law, offers his initial thoughts on the historic Miller/Cherry judgment. In March 1954, that distinguished forerunner of today’s politics, senator Joe McCarthy of Wisconsin, was directly challenged by the famed American journalis

Jacqueline Cook explains the details of 'build to rent'. There may be no place like it but what, exactly, makes a home? Developers and planners seek to answer this question in an increasingly sophisticated residential sector, one which continues to diversify to meet evolving occupier needs. As a res

A BBC article published at the end of last month highlighted a recommendation made by lobbyist group Greenpeace to introduce a national agency to enforce building standards in Scotland. The organisation believes that a centralised compliance system is required to ensure building standards are met by

Greg MacDougall reflects on access to justice and looks at the past, present and future of the resolution of claims in Scotland The promotion of access to justice for the resolution of claims in a fair and balanced way is an admirable aim. How should we gauge access to justice?

We have an old scrapbook of newspaper cuttings in the records of the Faculty of Advocates, the independent body of lawyers admitted to practise as advocates in Scottish courts. One, from 1919, about the possibility of the legal profession being opened to women, catches the eye. A representative of t