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From the archives - June 2018

Recovery of electronic documents: time for guidance?

This follow-up to the Commercial Court Conference 2018 argues that there is a need for guidance dealing specifically with recovery and disclosure of electronic documents in commercial actions

Reasonable treatment options and professional judgment

Members of Ampersand Advocates instructed in the mesh litigation explain an Outer House decision clarifying how the Montgomery test applies to reasonable treatment options

Retention demystified?

A recent Inner House decision has clarified the scope of the remedy of contractual retention in response to a breach by the other contracting party

Child law: time for change?

The fuller version of the article highlighting key themes and issues in the Scottish Government's consultation on part 1 of the Children (Scotland) Act 1995

Reading for pleasure

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

Opinion: Ayla Iridag

The Simple Procedure Rules have so far brought a number of benefits, but there are issues that should be looked at before they are extended to causes such as personal injury claims

Book reviews

Reviews of Human Rights Law in Scotland (Reed and Murdoch); Lord Hope's Diaries: Dean of Faculty 1986-1989

Profile: Rachael Delaney

Rachael Delaney is a trainee solicitor at Blackadders LLP, Dundee and a Lawscot Foundation student mentor

President's column

It is an honour to represent the profession on the important issues facing us – including legal aid, Brexit and the regulation review, as well as those revealed by the Profile of the Profession survey

Keeper's update

Registers of Scotland page: Keeper's first three months; new application form; ScotLIS

People on the move

Collected news of new appointments and practice changes

Choice answers

Nicola Gordon, Judicial Appointments Board for Scotland chair, tells the Journal of its work to increase the spread of applicants and help them do themselves justice, despite having to disappoint many

When four ACEs is a bad hand

Lawyers are familiar with clients who had a troubled childhood, but research has shed new light on biological effects of adverse childhood experiences (ACEs), and the implications for law and society

Litigation: passing the bill

Civil litigators need to begin preparing for the new legislation on funding of and expenses in court actions, now passed by the Scottish Parliament. We highlight the main features

Child law: time for change?

Some key themes and issues raised in the consultation on the Children (Scotland) Act 1995, covering parental disputes concerning a child, among other contentious issues

Debt recovery and AI: are we plugged in?

A discussion of the factors that will shape the future of debt recovery in Scotland, in particular the growing significance of artificial intelligence and its use for increasingly sophisticated tasks

Technical but important

Latest criminal cases, including breach of community order; identification; alcohol tests; sentencing for historical sexual abuse; plus comments on the new law on statements, and on appeal statistics

Ringing the changes: UK and EU IP developments

Intellectual property briefing: a roundup covering Unified Patent Court Agreement latest, IP aspects of the Brexit Withdrawal Agreement, and GDPR as it relates to internet domain name registration

Commercially sensitive? Justify that

Corporate briefing: if protection is sought for documents because of their commercial sensitivity, proper reasons in support must be given, as a ruling relating to the Edinburgh Tram Inquiry shows

Abandonment: whose use counts?

Agriculture briefing: can a tenant be said to have abandoned agricultural activity on a farm where they carry on a separate business, allowing others to use the land? Yes, the Land Court has ruled

Retroactive TUEs and the Nasri case

Sport briefing: the recent case of Samir Nasri illustrates the care that must be taken by sportspeople to avoid doping violations, and what may be needed to claim a therapeutic use exemption

Clarifying real burden enforcement rights

Property briefing: the lead commissioner summarises the issues in the Scottish Law Commission's discussion paper on s 53 of the Title Conditions Act, and the proposals on which views are sought

How we deal with leases at termination

Property briefing: the Scottish Law Commission has produced a discussion paper dealing with six issues relating to termination of commercial leases, described here by the lead commissioner

In-house and in the know

This month’s in-house interview is a little different – a senior investment industry manager shares his experience of working with in-house legal teams and what helps the relationship to work best

Public policy highlights

Recent work of the Society's policy committees, including road traffic offences; benefits sanctions; Brexit and security; internet regulation; Planning (Scotland) Bill

Meet Laura

One of the first Lawscot Foundation recipients, who is studying at Abertay University, and her mentor share their experiences

Complaints: from "bonkers" to benefit?

The SLCC is no fan of the present legal complaints system – but how to redesign it? We report on two recent events held to discuss this

That time of year again

What is happening with the Master Policy renewal this year, what is changing and what actions firms should take as part of the process

AGM does ABS – a reprise

In addition to the regular agenda, the Society’s annual general meeting found itself returning to the debate over alternative business structures

Paralegal pointers

Rounding up another successful SPA annual conference including the 2018 Paralegal of the Year Award; the association’s new website; and further planned events this year, including a Dundee conference

Finance for dummies (and lawyers)

How is your understanding of business financial information? The Journal went to see what could be learned from a Society CPD seminar on the subject

Ask Ash

Advice column: I'm being bullied, but nothing changed after I complained