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From the archives - October 2015

Land registration and leases

How does the Land Registration (Scotland) Act 2012 apply to leases? Expert advice on what should be registered, and the triggering of automatic plot registration

Disharmony and disharmonising

Given the extent of harmonisation of European IP rights, a UK exit from the EU would raise significant issues that rights holders and others need to consider now

FCA reviews: not the end of the story?

Bank customers claiming to have been mis-sold interest rate swap products, and who are dissatisfied with the FCA review scheme, may be able to draw hope from an English High Court decision

A host of claims for guests

Holidaying via Airbnb and similar internet based services is taking off in a big way, but there are potential pitfalls in terms of legal liability

Pensions auto-enrolment: some clarity for trainees

How does pensions auto-enrolment apply to trainee solicitors? We offer some initial guidance as to how the provisions are likely to operate

Reading for pleasure

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

Opinion: Stewart Cunningham and Nadine Stott

Scotland's prostitution laws are failing, and add to the dangers facing sex workers. A proposed member’s bill at Holyrood to decriminalise sex work, following the New Zealand model, deserves support

Book reviews

Reviews of The International Protection of Adults (Frimston and others); The Jurisprudence of Lord Hoffmann (ed Davies and Pila)


This month's profile features Frank Johnston, long serving convener of the Society's Consumer Law Committee

President's column

Credit to the Government for changing course, for now, over Sheriff Appeal Court legal aid, following the Society’s representations; and how the changing legal market dominates many other discussions

KIR: have your say

Registers of Scotland page: RoS is now consulting on the best ways to use Keeper-induced registration as an aid to completing the Land Register

People on the move

Collected news of new appointments and practice changes

You and whose mind?

Is there an answer to the stressed-out feeling that afflicts many lawyers? One firm has invested in mindfulness training, led by Martin Stepek, who told the Journal what he believes can be achieved

Deil tak the hindmost

New entrants to the legal services market are hugely excited at the prospects, but can established practices respond? We report on one of the major themes of the “Leading Legal Excellence” conference

Cultivating judgment

Historically, lawyers developed professional judgment through being trained under the close supervision of a more experienced practitioner, but is the same opportunity available to today’s trainees?

Women: paths to power

A further article on helping women aspire to leadership positions argues that apparent disadvantages can become a springboard to a different, and potentially game-changing, style of leadership

Sorry: no longer the hardest word?

What is the likely impact of the Scottish bill to encourage apologies in situations that may give rise to litigation, taken with the measure imposing a duty of candour on medical professionals?

Fairness in the balance

Latest criminal cases, including cross-examination; community payback orders; non-harassment orders; deletions and amendments

Minimum pricing: the latest

Licensing briefing: a brief guide to the Advocate General's opinion in the Scotch Whisky Association's petition for judicial review

Planning: shakeup on the way?

Planning briefing: ministers have set up an independent review panel with a mission to improve the efficiency of the planning process; and a revised circular clarifies the effect of s 42 applications

New burdens for employers?

Tax briefing: Government proposals, recently under consultation, regarding contractors and freelancers, and employee termination payments, could add to administrative and financial costs for employers

Scottish Solicitors Discipline Tribunal

Report relating to Richard Allan Sandeman

Ancillary rights as real rights

How are ancillary rights under a lease constituted, in particular when they involve more than one landowner? This article considers the position with reference to the current land registration system

Life at the cutting edge

Being the only lawyer in a global medical devices company, headquartered in Edinburgh with a strong IP focus, means an interesting life for the subject of this month’s in-house interview

One form if firms hold client money

To simplify the rules, the Society has introduced a single style of accounts certificate for firms holding client money

Further fraud alerts issued

A warning of the latest types of attempted fraud against solicitors and their clients

Law reform roundup

Recent work of the Law Reform department, including fatal accidents and sudden deaths; court and tribunal fees; British Sign Language (Scotland) Bill; immigration and asylum

Guidance: duties re legal rights

New guidance from the Society on whether executors are obliged to inform a potential legal rights claimant of his or her entitlement

From the Brussels office

Recent developments in the EU: online ADR platform coming

Rights in chaos: asylum seekers and migrants in the EU

As the flow of migrants towards the EU shows no sign of abating, this briefing from the Brussels office outlines the legal regime that is intended to govern how they are treated

Mirror wills: can I change?

The Professional Practice team advises on whether and when a solicitor can act for one spouse who wishes to change an earlier mirror will

Renewal: the impetus for review

As firms conclude the annual renewal of their Master Policy cover, some answers to questions on the relationship between claims, risk management and firms’ professional indemnity insurance premiums

Ask Ash

Advice column: how do I rein in an over-keen junior I am mentoring?

The day of minimis is here

The Word of Gold: more for less? It's yesterday's challenge

If it ain't broken...?

Legally IT: how automated is your digital document system? If it can't do “smart” documents, it's probably time for an upgrade

The voice of youth

The Society’s Regulatory Committee is made up of experienced solicitors and non-lawyers – and one young lawyer member, Joe Boyd, who tells the Journal about his experiences so far