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From the archives - October 2019

Arbitration – a law of unintended consequences

Scotland's emphasis on confidentiality, including in court appeals, in an attempt to attract international arbitration business risks being counterproductive

The mandate of social value

To maximise its impact, an organisation's CSR activity should be properly recorded and evaluated, with full employee buy-in

Public law: teaching for practice

With public law so much in the news, can academic study and legal practice be brought closer together? The author reports on a conference that explored the question

A dangerous approach to borders

Many practices being adopted by or on behalf of the UK Government make it hard to believe it has the welfare of asylum claimants and refugees at heart, an immigration solicitor believes

Reading for pleasure

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

Opinion: Ian Maxwell

The Children (Scotland) Bill aims to improve the resolution of childcare disputes, but is missing an opportunity to include Scotland among the countries showing the best outcomes for children involved

Book reviews

Reviews of Woolman and Black on Contract (Black), Trials of the State (Sumption)

Profile: John McKinlay

John McKinlay is head of DLA Piper's UK IP & Technology practice, and convenes the Society’s Technology Law & Practice Committee, involved in Lawscot Tech and the new legal technologist accreditation

President's column

The UK Supreme Court decision in the prorogation case shows the fundamental importance of an independent and impartial judiciary – and the need to recognise it as such

People on the move

Collected news of new appointments and practice changes

“Hiring from within” is the key to successful legal IT

In association with Insight Legal Software: Recruiting expertise from legal firms enables IT suppliers to understand and meet client needs

A very British non-coup

Rather than overturning the established order, the UK Supreme Court decision in the Cherry and Miller prorogation appeals reaffirms longstanding constitutional principles

Change or die?

In association with Denovo: the Denovo team will help you find the right software – and then get the best from it

Face of the invisible

Keynote speaker at the Society's annual conference, Karyn McCluskey’s mission is raising awareness of her organisation Community Justice Scotland and its aims. She tells what has shaped her thinking

Let's talk about suicide

To mark World Mental Health Day, this article from LawCare highlights the prevalence of suicide among professional people, and the signs to look out for, in yourself or others

Stressed out?

Can you control your work-related stress? It becomes a lot more manageable if we know how to take care of ourselves, and separate out the negative emotions

Being trauma-informed – in practice

What can trauma awareness bring to family law, especially disputes concerning children? In this collaborative feature a solicitor and two clinical psychologists offer some practical suggestions

Voice of a child

The author believes there are continuing issues regarding young people appearing at children’s hearings without legal representation – and the power to exclude others’ representatives

No hope at age 16?

Latest criminal cases, including sentencing children; amendment; Moorov rule; defective representation appeals

Licensing and the public health objective

Licensing briefing: is the public health objective in the Licensing (Scotland) Act 2005 achieving anything? Information from boards suggests that there is no reliable evidence on which to apply it

Constructing the new framework

Planning briefing: the published programme for implementing the Planning (Scotland) Act 2019 prioritises the next National Planning Framework, for which the Act introduces some important changes

Calling-up: the questions continue

Insolvency briefing: case law since 2010 has led to much uncertainty in relation to calling-up procedure. Will the Scottish Law Commission consultations on heritable securities bring clarity?

Reverse charge: don't sit back

Tax briefing: HMRC has responded to industry pressure and deferred for a year the VAT reverse charge for supplying construction services – but businesses in the sector need action all the same

The anomaly that is immigration bail

Immigration briefing: immigration bail hearings are subject to a power to override the judge that is unlikely to be found in any other area of law, and is surely unfair

Scottish Solicitors' Discipline Tribunal

Reports relating to Gilbert John Sirus Anderson; Matthew Berlow (s 42ZA appeal); Edward Thornton; John James Rankin Hodge (s 42ZA appeal)

Legal limits: the new drug driving offence

Criminal law briefing: this month sees a new offence in Scotland of driving with drug concentrations in the body above prescribed limits – giving rise to the need for care with prescribed medication

It's time for home truths

Property briefing: a surveyor believes the law regarding when a home report is and is not needed, is not as well known as it should be

Law fair for the high street

Too many students attending law fairs have little idea about high street practice, but one initiative is aimed at promoting the opportunities there

SLAB to carry out civil legal aid survey

Researchers have been engaged to conduct a telephone survey of selected firms

Public policy highlights

Recent work of the Society's policy committees, including legal aid; rights of the child; heritable securities; disclosure

Accredited Paralegal Committee profile

Profile of Caitlyn Maccabe, one of two solicitor members, an associate in the Industrial Disease team at Digby Brown

AML: a new watchdog on patrol

The Society has created an Anti-Money Laundering Subcommittee. Two members, a solicitor in the prosecution service and a non-solicitor consultant, explain its work, with an introduction by Lorna Jack

Don't get fooled again

Despite increased awareness among solicitors of the risk of fraud during client transactions, instances still arise due to the increased sophistication of fraudsters

European Law Institute: an open door

Brexit or no Brexit, Scots lawyers can continue to play their part in a European context through the European Law Institute, which has just held its annual conference

Must try ardour

The Word of Gold: the best houses may be detached, but not the best relationships

Ask Ash

Advice column: I'm studying part time for extra qualifications, but am feeling too much pressure