Wed 03 Mar 2021
Dealing with Obstacles to Mediation
In this fourth podcast from our series on how to best represent your client at mediation, David Hossack and Laura McKenna explore some of the obstacles that lawyers might face when suggesting mediation and how to overcome them.
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Digital assets in Scotland: why they matter in divorce and disputes
The Digital Assets (Scotland) Act 2026 clarifies the legal status of cryptocurrency, NFTs and other digital assets in Scotland. The article examines how these assets can affect divorce and other disputes, particularly around ownership, valuation, disclosure and recovery.
When Creative Thinking Changes the Law
This article examines a landmark Scottish family law decision which confirmed that, in exceptional circumstances, future legal fees can be considered as part of a claim for interim aliment. The case successfully challenged a long-standing interpretation of the law and may improve access to justice for individuals who cannot afford legal representation during divorce proceedings.
When the evidence becomes the allegation: The uncertain role of surveillance evidence in Scottish family cases
As awareness of coercive control grows, Scottish courts are increasingly facing difficult questions about surveillance evidence and whether the methods used to gather it may themselves be viewed as abusive behaviour.