In this episode we discuss the growing popularity of buying and selling Scotch whisky casks, risks of fraud and some advice for buyers.

Grant Strachan is a partner at Brodies LLP, with a specialist focus on the food and drink sector, and Vikki Bruce is the founding director of CaskNet, a tech start-up that is building a register for Scotch whisky casks. 

The Scotch Whisky Association has recently published updated guidance for 2025 on personal investment in Scotch whisky casks. This guidance can be accessed here.

The information in this podcast was correct at the time of recording. The podcast and its content is for general information purposes only and should not be regarded as legal advice. This episode was recorded on 06/12/24.

Prior to the case of Miss Mary Davidson who died in 1999, the law in Scotland had been that, in the absence of any special facts, a solicitor engaged by a testator in connection with the making of a will could not be said to owe a duty of care to intended beneficiaries.  In England, the law had developed so that such a duty might be said to exist.  

Following Miss Davidson's death, the judge reviewed the evolution of the law of negligence over the 20th century, so what was the result? 

In this episode, legal experts Tony Jones KC and Jamie Reekie discuss; 

• what is a will and what do we mean by duty of care in this context?
• the history of wills in Scotland, when did they first come to exist? 
• are there any parallels with other cases or is this one unique?
• the point of contention and why it was significant
• what point(s) of law changed on the back of these cases?
• what difference has the case of Miss Davidson made to the law today?

The information in this podcast was correct at the time of recording. The podcast and its content is for general information purposes only and should not be regarded as legal advice.

In this episode we discuss rights to light and the challenges they pose for developers in cities across England and Wales.

Lisa Stratford is a legal director at Brodies who specialises in property-related disputes in England and Wales, and Neil Lovell-Kennedy is a chartered surveyor and a rights to light specialist at Proximity.

The information in this podcast was correct at the time of recording. The podcast and its content is for general information purposes only and should not be regarded as legal advice. This episode was recorded on 18/03/25.

In The Case Files, we look back at notable court cases over the last 150 years. In this episode Susie Mountain and Debbie Reekie discuss the issue of the habitual residence of a child in a case related to the separation of a couple who decided to live in different countries.

To add further complexity, the case involved parental abduction of the child. In situations like this, a key part of the judgement is to establish where the child is habitually resident, but what does this mean? And what happens if there are questions about whether a child's habitual residence has changed or not?

Working out where a child usually lives might seem simple however, with one parent moving to a new country during their separation, and differing versions of events between the mother and father, how was the decision made in this case?

The information in this podcast was correct at the time of recording. The podcast and its content is for general information purposes only and should not be regarded as legal advice. 

Our family law experts delve into the complexities of international divorces. 

Jacqueline Stroud, experienced mediator and litigator and Susie Mountain  solicitor advocate and a trained collaborative lawyer share their insights into navigating the challenges posed by divorces involving multiple countries. 

Highlighting the importance of seeking legal advice at an early stage and discussing issues such as jurisdiction, impact of where in the world assets are held, how child contact can be affected and cultural considerations.

The information in this podcast was correct at the time of recording. The podcast and its content is for general information purposes only and should not be regarded as legal advice. This episode was recorded on 05/03/25.

In this episode of The Case Files, Christine O'Neill KC and Clare Bone discuss two relatively recent cases which raised the importance of anyone accused of crimes having access to independent and impartial legal decision-makers,  a right that is protected by article 6 of the European Convention on Human Rights.  

The first case, Clark v Kelly (2004) is about whether it was proper for the clerk in the District Court to give advice in private to the presiding justice of the peace  and the second, Kearney v HMA (2006), raised the issue of whether it was lawful for the Lord Advocate to appoint temporary judges.  

Christine and Clare also talk about some of the practical things that have changed in regulatory and disciplinary proceedings as a result of the European Convention becoming a part of UK law in 1998, for example that legal advisers now have to give their advice to judges and decision-makers in front of the parties themselves. 

These cases link back to some of the issues about independence and impartiality that Christine discussed in our earlier podcast,  "What do I do if I think my judge is biased?".  

The information in this podcast was correct at the time of recording. The podcast and its content is for general information purposes only and should not be regarded as legal advice. 

We dive into the world of mediation and explore how it offers a more flexible, cost effective  and less adversarial way to resolve disputes outside the courtroom when dealing with family law matters.

Jacqueline Stroud is a partner in Brodies Family Law team and an expert in mediation and collaboration and Ewan Malcolm is a highly experienced award-winning mediator who is currently chief executive of Relate London, Northwest and Hertfordshire. 


The information in this podcast was correct at the time of recording. The podcast and its content is for general information purposes only and should not be regarded as legal advice. This episode was recorded on 19/12/24.

Family law experts from either side of the England and Scotland border, Victoria Varty, senior associate at Brodies and Louisa Bestford, senior associate at Hay & Kilner discuss the differences between English and Scottish courts in considering children's voices in family disputes.

Covering what age a child is typically able to express a view in family disputes; the weight their view has on decisions made about them; the role of Children's Guardians or Child Welfare Reporters in representing the child's voice in court and how the view of the child can be gathered through ways such as play.

The information in this podcast was correct at the time of recording. The podcast and its content is for general information purposes only and should not be regarded as legal advice. This episode was recorded on 20/11/24.

In our new series Life at Brodies, we're getting to know Brodies colleagues as they share their personal experiences and perspectives about working at Scotland's largest legal firm.

In this episode graduate engagement manager Wendy Murphy talks about the recruitment process for trainee lawyers at Brodies including how to make your application stand out from the crowd and what candidates can expect at the interview stage.

Wherever you are in your career find out more about making that next step in your journey at Brodies by visiting Brodies.com/careers.

In our new series Life at Brodies, we're getting to know Brodies colleagues as they share their personal experiences and perspectives about working at Scotland's largest legal firm.

In this episode health and safety solicitor Eve Gilchrist and real estate senior paralegal Alex McDonald discuss qualifying as a lawyer via the pre-PEAT traineeship as an alternative to completing a Scots law degree as part of the route to qualifying as a solicitor in Scotland. 

Wherever you are in your career find out more about making that next step in your journey at Brodies by visiting Brodies.com/careers.