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From the archives - February 2017

Miller, Brexit and BreUK-up

In asserting in absolute terms the doctrine of UK parliamentary sovereignty, the Supreme Court has left us with constitutional paradoxes and a decision that will exacerbate political tensions with the devolved nations

Power to the people?

What the decision in Miller means for the legal effect of referendums, and what any future enabling legislation should contain in light of the Brexit experience

Prerogatives, Parliament and the constitution: plus ça change?

Does it show a strength or a weakness in the constitution that the Miller decision was reached on the basis of principles said to be centuries old?

Decisions in high places

The effect of the bill to authorise the formal notice to withdraw from the EU – and why should it be thought that the Sewel convention does not apply?

Reading for pleasure

This month's selection of leisure reading, chosen by the Journal's book review editor

Journal magazine index 2016

Your reference guide to material published in the paper issues for 2016

Opinion: Callum Sinclair

The place of artificial intelligence in the legal sector has become a hot topic, but what will its impact really be? The answer suggested is that each of us is capable of assessing how we can benefit from it

Book reviews

Review of The Future of the Professions (Susskind and Susskind)

Profile

The spotlight on the Law Society of Scotland's senior leadership team switches to Ken Tudhope, executive director of finance and operations

President's column

In the face of challenges to lawyers and the rule of law, the profession must be ready to stand up and be counted. It must also make best use of resources to ensure sustainability through innovation

Have you heard of ScotLIS?

Registers of Scotland page: Scotland’s Land and Information System is coming and it’s time to find out what it can do for you

People on the move

Collected news of new appointments and practice changes

Article 50: the final say

Parliament must approve the triggering of the process for the UK’s withdrawal from the European Union – but has the Supreme Court decision in Miller done much to affect the UK Government’s position?

Where courts fear to tread

The Supreme Court in Miller declined to rule on matters relating to the Sewel convention. Could it have done otherwise, and can anything be put in place to reduce the level of political confrontation?

"Wake up": how young lawyers see the future

Young lawyers globally think the profession needs a wakeup call to realise the extent of the challenges already facing it, according to the Immediate Past President of the AIJA

How healthy is our legal aid system?

The Law Society of Scotland commissioned an independent researcher to carry out a thorough checkup of the financial health of legal aid law firms in Scotland. The diagnosis is not a comfortable read

Challenging assumptions

A mediation story, in association with Core Solutions

Planning to deliver

The Scottish Government is now consulting on its promised “root and branch review” of the planning system, with a particular focus on delivering new housing

Contact and the fear factor

What weight should the opposition of the parent with care have in deciding applications for contact with a child? Two contrasting cases

And the bill goes to...?

Latest criminal cases, including bills of suspension; sentencing (child abuse images); distress; sentencing (successive complaints)

Pakistan to join Child Abduction Convention

Family briefing: Pakistan will become a signatory to the Hague Convention on International Child Abduction on 1 March 2017 – but it may be much longer before any Convention proceedings can be brought

Dress to impress?

Employment briefing: discrimination issues surrounding dress codes continue to cause difficulties, and further rulings on the subject are expected from the CJEU in the coming months

Handcuffing of prisoners and article 3

Human rights briefing: a recent sheriff court litigation illustrates the hurdles a claimant has to surmount to establish a claim of “inhumane or degrading treatment or punishment”

Turning up the heat on workplace change

Pensions briefing: current litigation and legislative developments will ensure an active year for pensions law, irrespective of what happens on the Brexit front

Scottish Solicitors' Discipline Tribunal

Report relating to David William Dickson

Not just for the green welly brigade

Property briefing: the enhanced right to buy of 1991 Act agricultural tenants will have a profound effect on conveyancing transactions of agricultural land, one that will have to be addressed

Five by five

With five new members joining the Society’s In-house Lawyers’ Committee (ILC) following a popular recruitment drive, the ILC took the chance to ask five key questions to introduce them to readers

Law reform roundup

Recent public policy work of the Society's committees, including Scottish independence; Brexit; criminal law; health and care professions; employment tribunals

Relief over pensions and bankruptcy ruling

In association with Tilney: uncrystallised pension funds are safe from creditors if bankruptcy occurs

Helpline plus

Change has been the name of the game within the Society’s Professional Practice team, and the new faces are looking to open up new ways of engaging with the profession, as the team head explains

Spill the beans on legal aid fraud

What are a solicitor’s duties in relation to legal aid fraud by a client? The Professional Practice team explains why the matter has to be reported

The art of bringing the good news

The Word of Gold: keeping the bull out of bulletins is a trick worth practising

Cybercrime: how are you protected?

Law firms continue to be key targets for cybercrime and information security breaches. Lockton sets out some risk factors and some possible approaches

Ask Ash

Advice column: there is talk of office redundancies; should I start looking for alternative employment?

One year rule becomes three

The latest article from the Scottish Legal Complaints Commission provides an update on important changes to the time limits for making complaints about legal practitioners

From the Brussels office

Recent developments in the EU: joint declaration of priorities for 2017