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Legislation

Legislation

Fair and square?

The recent decision in Campbell v Dugdale has shown that, in defamation cases, fair comment does not always mean accurate comment.

Kezia Dugdale, former leader of the Scottish Labour Party, succeeded in her defence of a defamation action raised by the prominent “Wings Over Scotland” blogger Stuart Campbell.  The much publicised case concerned an article that appeared in Ms Dugdale’s Daily Record column in March last year in which Ms Dugdale commented on the following tweet by Mr Campbell:

Oliver Mundell is the sort of public speaker that makes you wish his

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Dilapidations: No claim if no works done

Alan McMillan

A lot of money can be gained (or recouped) by landlords pursuing dilapidations claims. The tenant has much to lose. One question has been on the minds and lips of surveyors for as long as dilapidations claims have been around. Does the landlord have to do the works before the claim can ever be successful? 

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By order of the Peaky Blinders

Megan Briggs

In an age where viral marketing and social media reign supreme, establishing the best method of enforcing your intellectual property rights (“IPR”) can be a thorny issue.  Recent years have seen large companies take an increasingly creative approach to managing their IPR, especially trade marks and copyright, often to great effect.

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Copyright in the Digital Single Market: How the new Directive will affect your business

Colin Hulme

On Monday 26 March 2019, the European Parliament approved the Directive on Copyright in the Digital Single Market, marking the end of a legislative process that began in 2016.  It will now be up to member states to approve Parliament’s decision over the coming weeks.  If member states accept the text adopted by the European Parliament, the new rules will take effect following publication in the official journal. 

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Directors' accountability in a digital era

Fiona Davidson

Over the past 18 months we have been inundated with news stories about companies getting themselves into hot water – to name just a few, we have Facebook and Cambridge Analytica, Carillion and British Airways’ data breach. But it’s not just the companies (and their clients and creditors) who have suffered as a result – in some of these circumstances the company directors are also being held accountable for the actions that they did (or did not) take.

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#BalanceforBetter. When women succeed, we are all lifted up.

Morag Moffett

On Friday I had the great privilege of attending the Street Soccer Women Inspired Gala Lunch in Edinburgh to mark International Women’s Day 2019. Before doing so, I stopped in at the Law Society of Scotland to have my photo taken as part of celebrations to mark 100 years of women in law. As I left the photo shoot, I pondered how far we have come since women were first admitted to the legal profession in 1919.

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Still the law of choice? Future proofing UK legal services

Hannah Jenkins

50 days to go until B day, and still the cliché that “the only certainty is uncertainty” prevails.

For two and a half years future proofing for Brexit has been on everyone’s agenda and lawyers have been on hand to help our clients face these challenges.

But what about the challenges faced by the legal sector?

Legal framework

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Automated Vehicles – Navigating the Road to Regulatory Reform

The joint consultation by the Law Commission of England and Wales and the Scottish Law Commission on automated vehicles seeks views by 8th February 2019 on whether or not the UK’s current regulatory framework can cope with this new and ever-evolving technology, or whether reform is needed. Road traffic safety and regulation relies for the most part on the criminal law, which concentrates on the behaviour of the human driver. However, some offences may not be totally suitable for crimes involving driverless vehicles, and in some cases completely new offences will be needed.

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Who says New Year resolutions don’t stick? Here’s my 2019 employment law watch list to prove it

As somebody who starts each week with a to do list, I’m sure you can imagine my delight when a good friend’s Christmas present to me was a book about getting the most out of your year by making lists and making plans. Yes, I know, how very “millennial” of me, but with new years’ resolutions and forward planning at the forefront of our minds, what better a time of year to receive a gift like this? (Disclaimer: two of my resolutions were to read more books and make more plans…)

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Rent review disputes: when is the “final decision” final?

Stephen Farrell

Rent reviews are often agreed. They can sometimes end up in arbitration, often dealt with by experienced surveyor-arbitrators. Those arbitrations have a clear framework, governed by the Arbitration (Scotland) Act 2010, which provides rules and procedure. However, sometimes, rent reviews are dealt with by expert determination. Often the experts are the same experienced rent review surveyors who act as arbitrators. But the procedure is very different. 

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