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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Donoghue v Stevenson: In Legal Cartoon Form

November 4, 2013

Over 80 years since the judgment, Donoghue v Stevenson has remained one of the most important cases in delict/tort for Scots Law and indeed for the laws of many countries around the world. Today The Utterant published a humorous legal cartoon with a slight variation on the facts to our sister site YouBlawg, republished below [...]

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PIP implants: experts raise further concerns

June 5, 2013

A year and a half since the PIP breast implant scandal first broke the women affected are still being given conflicting advice regarding the potential long term health effects of the industrial grade silicone used to fill the implants. In February 2013, the Department of Health and the MHRA had published their findings after the [...]

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Baby ashes – a national disgrace

June 3, 2013

One of the most important parts of the grieving process is to bury your loved one or scatter their ashes in a place meaningful to the family – a place where they can visit and reflect on their cherished memories. This is especially so when the time with the deceased was very limited. Therefore it’s [...]

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Nice people tough lawyers

April 30, 2013

At Thompsons we like to think of ourselves as being nice people but tough lawyers. Earlier this week however I sat through a meeting which would have tested even the toughest of lawyers’ ability not to show their more sensitive side. The meeting in question involved the bereaved parents who have been embroiled in the [...]

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