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From the archives - February 2019

Stuck on the backstop?

What are the options to avoid a no-deal Brexit following the parliamentary vote mandating Theresa May to renegotiate the Irish backstop?

Commercial judges provide new guidance

Additional guidance in a number of areas has been issued by the Court of Session commercial judges, following a conference and feedback exercise to try to identify best practice

Amending for non-cohabitation: is it allowed?

Sheriffs are differing over whether a divorce action raised before the expiry of the required non-cohabitation period can be amended later to found on such a period, and legislation may be needed

Debt purchasing and the paper trail

A recent case that cast the spotlight on redacted and certified copy documents is a significant one for the debt purchasing industry

IP challenges in 3D printing

A particular threat to intellectual property rights is posed by 3D printing technology. This article explains how it operates and why enforcement of rights is likely to be difficult.

Do you come from a land Down Under?

A former Scottish lawyer, now living in Sydney, sets out some of the key benefits a UK-qualified solicitor might experience when moving to Australia

Reading for pleasure

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

Journal magazine index 2018

Your reference guide to material published in the paper issues for 2018

Opinion: Mary Glasgow

A “Barnahus” for taking the evidence of children, underpinned by principles of Scottish justice, an understanding of child development, and human rights, is in the interests of everybody in Scotland

Book reviews

Review of Land and Property Development in Scotland (Gerber)

Profile: Kenneth Pritchard

Kenneth Pritchard OBE, secretary of the Law Society of Scotland for 21 years, was made an honorary member of the Society on retiring in 1997

President's column

The Society’s Platinum Year is an opportunity to promote the high standards and abilities of Scottish solicitors, and to mark significant changes since 1949, not least the advancement of women

Arrear under arrest

Registers of Scotland page: the arrear; shared plots; online services

People on the move

Collected news of new appointments and practice changes

Making tax digital – are you ready for it?

In association with Insight Legal Software: the coming digital submission of VAT returns may require law firms to rethink their systems

Life in balance

Despite the desire for work-life balance, flexible working remains elusive for many solicitors. We spoke to employers large and small to find out how it can operate successfully in today’s world

Kindness in court: who cares?

The author proposes a counter-intuitive method for Scottish judges to achieve the goal of crime reduction, disruption to the cycle of violence and shrinking numbers in our creaking prisons

Why you should keep your website bang up to date

In association with Connect: a law firm’s website, like any other, will start to look dated if not regularly refreshed – with unimpressed clients potentially looking elsewhere instead

Control of our borders: the 2021 vision

Although Brexit will significantly hit migration from the EU, the Government’s white paper on the immigration system to apply from 2021 could attract higher migration from non-EU countries

Domestic abuse redefined

A consultant forensic clinical psychologist outlines the scope of domestic abuse under the 2018 Act, and some of the issues that will arise in putting it into practice

Accuser and accused: the law out of balance?

The proceedings against Lord Lester illustrate the author's argument that the law has become contorted in its attempts to apply the civil standard of proof in determining serious allegations

The vexed question of consent

Latest criminal cases, including defence statements in solemn procedure; fixing diets; extension of time; and reasonable belief of consent in rape cases, with a review of the case law

No deal for family lawyers

Family briefing: a survey of some ground rules for family lawyers in cross-border cases that will no longer apply in the event of a no-deal Brexit, and what might happen in their place

Employment law in 2019: the certainties

Employment briefing: a look at some of the significant points on which developments can be confidently predicted in 2019

Detention in the community?

Human rights briefing: an English appeal to the Supreme Court has highlighted a difficulty in the law regarding community management of mental health offenders, which is likely to require legislation

Better together – the next generation of pension schemes

Pensions briefing: new options are on the way for rationalising company pension schemes, both defined benefit and defined contribution, increasing the onus to seek advice

One in the freezer

Property briefing: “freezer clauses”, extending the life of a developer’s option in certain market conditions, are becoming commonplace – and used sensibly, should work to the benefit of both parties

Land registration: KIR title sheets

Property briefing: the fact that a property has undergone Keeper-induced registration may not come to light until its sale is proposed, at which point a number of issues may arise for solicitors

Regulator's reach

Working for the public interest, in the legal team of the professional regulatory body for an expanding sector, has presented some interesting challenges for this month’s in-house interviewee

Longest-serving member welcomed as platinum year opens

The Society's longest-serving member, Mrs Anne Meikle, was the special guest at a reception to mark the start of its 70th anniversary year

Public policy highlights

Recent work of the Society's policy committees, including Immigration Bill; pensions dashboards; physical punishment of children; Competition & Markets Authority

Reflections from the Commission

From the SLCC: the key role terms of engagement can play in a firm's risk management regime

Rainmaking: a team game

The Word of Gold: winning work is about confidence, but all can do it, and should be encouraged to try

Coping with conflict

A look at conflicts of interest from the claims perspective, suggesting ways of identifying and avoiding them, or responding if they arise during a transaction

2019 takes shape

The Scottish Paralegal Association’s annual conference is just one of many events now in its diary for this year

Accredited paralegal talk

For accredited paralegals: meet the committee; mentoring; membership renewal

Society launches reporting concerns helpline

An important tool has been added to help bring serious misconduct to light

Ask Ash

Advice column: my junior colleague is too insistent on taking work from me