Opinion

Solicitor Graeme Di Rollo of Burness Paull examines the Supreme Court's ruling in Shanks v Unilever. This week, the Supreme Court handed down its much anticipated judgment in a long-running legal saga between Unilever and a now former employee called Professor Shanks. The case concerned Prof. Shanks

Alasdair Docwra, family law partner at Thorntons, examines the reaction to proposed surrogacy law reform. The Catholic Church has given its views, some may disagree. Here is the position and here are the benefits of surrogacy in our opinion.

Ewan McIntyre, partner at Burness Paull and expert in professional negligence and financial services litigation with over 25 years’ experience, is currently enjoying a secondment with Racine, one of the main independent French law firms, in its Lyon office. That something might be mo

Public procurement policy and practice, when it comes to facilitating SME involvement, seems to be focused solely upon ensuring there are opportunities at a sub-contract level. But, asks Wright, Johnston & Mackenzie legal director Roddy Cormack, does this focus miss the sweet spot in terms of ac

Advocate Michael Upton of Hastie Stable examines a judgment handed down by the England and Wales Court of Appeal on Tuesday. Tuesday saw the first Court of Appeal judgment about the new Electronic Communications Code (enacted by the Digital Economy Act 2017, amending the Communications Act 2003).

Ben Zielinski, a senior associate in the commercial litigation team at Shoosmiths in Edinburgh, considers the significance of a recent judgment in the Court of Session that has given greater clarification of how much notice a landlord needs to give to terminate a commercial lease in Scotland. A rece

A decision issued last week by the Court of Session in Edinburgh concerning business rates continues a recent trend in which the courts have often upheld arrangements under which full business rates are mitigated through the use of occupational arrangements not seen prior to rates relief being pared

Scotland has always been different from the rest of the UK when it comes to claims and litigation. With a separate jurisdiction and its own unique legal concepts and rules, it has been essential for insurers to understand and acknowledge the quirks of the Scottish system and to deal with them accord

One of the many unintended effects of an EU exit was that it prompted us lawyers to start writing profound things about what it would mean for our areas of practice. In many areas the consequences of an exit from the EU seemed obvious. Family lawyers would see rising divorces with couples separating

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.