Drink Driving in Scotland – Problems When the Law Outpaces Technology

December 17, 2014

Traditionally, the law is subject to much criticism and commentary for being unable to keep up with the rapid advancement of technology. However, the introduction of the new drink driving limits in Scotland have seen quite the opposite. The law in this area has advanced, yet the technology used to record drink drive readings has [...]

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World’s End Murder Trial – Finding the Balance in Double Jeopardy

November 20, 2014

Angus Sinclair was given the longest sentence in UK history after finally being convicted of the murder of two women carried out in 1977 at the World’s End pub in Edinburgh. He is considered to be Scotland’s most prolific killer, and the case has revolutionized the Scottish criminal system. After his trial collapsed in 2007, [...]

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Man ‘Exploited” By Strip Club – Does He Have Any Remedy in Scots Law?

November 14, 2014

A man from Northern Ireland has made claims that he was ‘grossly exploited’ by lap dancing club Spearmint Rhino, after they plied him with alcohol resulting in him spending a third of his salary in one night. The man who will not be named, spent £7,500 at the club in August last year during a [...]

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November Legal Seminars For Scottish Law Firm Partners & Solicitors: 10% Off

November 7, 2014

We are pleased to note that alongside one of the UK’s leading law firm consultants, Stephen Gold, our founder Gavin Ward and director of Moore Legal Technology, Chris Davidson, are presenting at an upcoming Law Society of Scotland event in Glasgow later this month. (26 November 2014) For 3.5 hours of CPD at an event [...]

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Questions re Correct Elements of Criminal Law in Scotland for Crime Writer

October 15, 2014

Questions below re correct elements of criminal law in Scotland for a crime writer – any comments appreciated:- Hello I’m hopeful that someone is able to help me, I am in the final stages of writing a crime novel (set in Edinburgh), and I would like to be accurate regarding applicable Scots law. The scenario: [...]

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Defamation and Digitalisation – Can Scotland Stay in the Dark Age?

October 15, 2014

The Faculty of Advocates have recently highlighted that in a rapidly digitalising world, marked by the rise of social media and the internet, the law of defamation in Scotland may be unable to keep pace. New laws introduced in England and Wales, under the Defamation Act 2013 are designed protect freedom of speech on platforms [...]

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Wicked and Reckless: Why Oscar Pistorious Would have been Convicted of Murder if Tried in Scotland

September 15, 2014

On Thursday 11 September 2014 Judge Thokozile Masipa determined that Oscar Pistorius was not guilty of premeditated murder. It was then up to the judge to decide between “dollus eventualis” (common murder), culpable homicide or acquittal – but how? (And update at 21 October 2014: Pistorius given five years in jail and three-year suspended sentence [...]

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Licence and Liability – The Importance of Due Diligence for Scottish Companies

September 10, 2014

Recent case law has highlighted the importance for Scottish licence holders to exercise due diligence to ensure they have done everything possible to stop licensing offences being committed. Under Scots law, licence holders may be liable for the mistakes of employees, or for the deception of underage customers if they are unable to prove that [...]

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CSR and the Law – Why Companies Should Only Help Themselves

September 3, 2014

“Consumers are demanding more than ‘product’ from their favorite brands. Employees are choosing to work for companies with strong values. Shareholders are more inclined to invest in businesses with outstanding corporate reputations. Quite simply, being socially responsible is not only the right thing to do; it can distinguish a company from its industry peers.” Starbucks [...]

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Competition Law in an Independent Scotland

August 14, 2014

This post considers such implication and in particular whether Scotland would benefit in being independent from UK competition regulation, or whether the CMA should be relied upon to investigate all cross border competition cases under EU law. The Scottish Government has stated their intentions to create a single authority responsible for both competition enforcement and [...]

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