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From the archives - December 2018

Brexit: looking to the future

A look at what the political declaration on the framework for the future relationship between the European Union and the United Kingdom means for solicitors

Trusting the specialist tribunal

In the first appeal of its kind in Scotland, the Inner House has upheld a tribunal's decision that there were exceptional circumstances not to suspend a doctor guilty of sexually motivated misconduct

The single surrogacy saga

After a lengthy struggle, it seems the UK is about to have a surrogacy law that is non-discriminatory as regards an applicant parent's relationship status. This article describes the journey

Payment notices and strict forms

The Court of Appeal has clarified the law in England & Wales on payments in the construction industry, but is Scottish authority consistent with the decision?

Land registration errors: an owner's view

A householder whose title was affected by an error in the updating of the Ordnance Survey map, describes his experience in seeking to have it corrected

Reading for pleasure

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

Opinion: Mhairi Snowden

We need more non-government organisations in Scotland to support or take strategic cases to court, but there are practical hurdles that stand in their way, as our new report finds

Book reviews

Review of British Overseas Territory Law (Hendry and Dickson)

Profile: Caroline Court

Caroline Court is a commercial property partner with Davidson Chalmers, and “star” of the Lawscot Foundation's Baublefest 2018

President's column

My own – and the Society’s – engagement with members continues, on subjects from using new technology, to the Roberton review, to members’ views of the Society. Have you taken the chance to join in?

Discharges made simpler

Registers of Scotland page: Digital Discharge Service; updated returns procedure; the arrear

People on the move

Collected news of new appointments and practice changes

Taking on all comers

Self-confessed market disruptor; self-styled humaniser of law firm management. We meet Glen Gilson, the entrepreneurial lawyer out to give the profession what he believes is a much needed shakeup

Crowdfunding: changing the legal landscape

Crowdfunding is an increasingly popular way for people to support causes which matter to them, and has become a critical tool enabling people to access the legal system. How does it work?

Salaried but not employed

This article, discussing the case of Morrison v Aberdein Considine on whether a salaried partner in a legal firm was an employee with rights as such, was previously published online at the link below

Putting customers at the heart

In association with Insight Legal Software: how Insight Legal is ready for the next generation of legal software

Interviews and the minimum criminal age

Raising the age of criminal responsibility is straightforward in itself – but what about police interviews with young people? The author has some concerns about the provisions in the new bill

Data breaches and the damage test

A class action against Google alleging a data protection breach affecting millions of iPhone users has failed for want of allegations of actual loss or damage

Steering away from breakdowns

Introducing the Lawscot Wellbeing steering group, which aims to encourage more openness around mental health issues with the ultimate goal of achieving culture change in the solicitors’ profession

IT: the great leveller

In association with Thomson Reuters: how medium-sized law firms can use legal tech to compete with the big industry players

Admissible hearsay?

Latest criminal cases, including statements given before memory loss; inconsistent statements; deletions in verdicts; sentencing issues

Vicarious liability and the vindictive employee

Corporate briefing: employers are at risk from workers with a grudge, following the Court of Appeal ruling in the Morrisons data breach case

Upholding copyright or breaking the web?

Intellectual property briefing: the European Parliament has approved the draft Copyright Directive with its controversial article 13. What will be the impact of the current version of the draft?

Smallholdings are different

Agriculture briefing: the Land Court has declined to allow a resumption for beneficial development, on the ground that there is no public interest criterion in the legislation covering smallholdings

Avoiding bias in sports law disputes

Sport briefing: the Human Rights Court has rejected a challenge to the impartiality of the Court of Arbitration for Sport, but steps have in any event been taken to underpin CAS's independence

Scottish Solicitors' Discipline Tribunal

Reports relating to Graham R Bryson; Andrew Livingstone Lawrie; Isabel Jayne MacLeod

Progress at the expense of accuracy

Property briefing: Scottish land registration is based on Ordnance Survey mapping – but cases are emerging of revisions to the maps resulting in inaccurate boundaries being shown in title sheets

In-house for initiative

The changing face of in-house legal teams, and innovations they have brought to their organisations, were the theme of the first in-house round table held at the Society

Have you completed your AML certificate?

The new certificate must be submitted to the Society by 21 December 2018

Public policy highlights

Recent work of the Society's policy committees, including EU Withdrawal Agreement; trade relationships post-Brexit; Fisheries Bill; transparency in landownership

A blurred vision

The Word of Gold: the Roberton review is a muddle and a missed opportunity

Millennials: a new age for managers

The millennial generation will soon dominate the workforce, but research shows they come with different expectations from their older colleagues. A conversation between a manager and a millennial

Into uncharted waters

Master Policy claims still arise from “dabbling”, for a variety of reasons. The author considers why firms experience this, and how to address the risk of drifting from a practice’s core competencies

Lost will – what then?

If a will has been lost and an office copy exists, could an application for an executor dative appointment be made? The Professional Practice team says no

2018: a paralegal view

A look back at what 2018 has meant for the accredited paralegal status, and forward to 2019

... and the SPA looks back, and ahead

The Scottish Paralegal Association aims to build on recent growth

Ask Ash

Advice column: a new PA doesn't like me, but does things for everyone else