The Times, 8th August 2022. Today, the Defamation and Malicious Publication (Scotland) Act 2021 comes into force. These reforms represent the most radical changes to defamation law in three decades. There have been a greater number of high-profile defamation cases in Scotland in recent years but the real mischief of our unreformed defamation law often … Continue reading Defamation law in Scotland: shifting the balance →

Sunday National, 31st July 2022. Justice, the saying goes, is like the Ritz Hotel. In principle, both are open to the rich and poor alike. You don’t find many ordinary punters lodging in the Coco Chanel Suite, and there aren’t many men and women of slender means settling scores in London’s libel courts. Defamation cases … Continue reading Justice at the Ritz →

Sunday National, 17th July 2022. About ten years ago, I came across a lecture by the American writer Jay Rosen. Rosen has been writing for some time about what he characterises as the “savvy style” of American political journalism. You’ll probably recognise it from your own experience of reading about British politics – and the … Continue reading Against “savvy” politics →

Sunday National, 3rd July 2022. A couple of weeks ago, I noticed something strange in the Daily Mail. “What else is new?” I hear you cry – but bear with me. The “care home tycoon” Robert Kilgour had announced his intention to go to law to try to prevent Holyrood legislating for an independence referendum. … Continue reading Straw men →

The National, 29th June 2022. The script on how any legal challenge to the legal competence of the referendum Bill seemed well-settled. At least until yesterday afternoon. When the First Minister announced she’d give an update to Parliament before the summer recess on progress towards a second referendum, nobody expected a Bill would be published … Continue reading Serving constitutional curveballs →

Sunday National, 26th June 2022. When the Human Rights Act was introduced in the UK in 1998, it was about “bringing rights home.” The European Convention on Human Rights was drafted in the aftermath of the Second World War. It concerns basic civil and political rights – from the right to life and to be … Continue reading Legislating, normally, without consent →

Sunday National, 19th June 2022. I still like Donald Rumsfeld’s nifty formulation of “known knowns,” “known unknowns,” and “unknown unknowns.” They can be helpful framework for strategic thinking. This week, the Scottish Government published the first in a series of policy papers on independence. Entitled “independence in the modern world,” the paper’s key argument is … Continue reading Indyref2: some known unknowns →

Sunday National, 12th June 2022. In 1995, the BBC ran a four-part documentary series called “Labour: The Wilderness Years.” It charted the party’s (mis)fortunes from the collapse of the Callaghan government in 1979 to the election of Tony Blair after the untimely death of John Smith in 1994 – and everything in between. There was … Continue reading Starmering →

Sunday National, 5th June 2022. The occasion had a strange kind of pathos to it. Last month, Prince Charles presided over the state opening of the Westminster parliament. His mum was otherwise detained – and so the heir to the throne did the turn on her behalf, delivering the Queen’s speech perched beside the diamante … Continue reading Jubil-ent. →

Sunday National, 29th May 2022. It is difficult not to psychologise this UK government. These are people who will insult other people’s patriotism and talk about “citizens of nowhere,” while touring the world collecting cash, monstering people on low earnings while coining it in themselves, and all the while imagining the bag of loot they’ve … Continue reading Politics by gaslight →