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From the archives - November 2015

Appropriate adults and defence agents: who does what?

The provision of “appropriate adults” to vulnerable suspects being interviewed in police stations is now commonplace, and defence solicitors need to understand their respective roles

Buying from a housing association: why consent matters

A change in legislation means that persons buying from a housing association need to be sure that the association has Regulator consent for the specific disposal, or it may be wholly void

Harassment: a civil claim?

If you are dealing with a harassment case, be alert to the possibility of a claim for compensation

A welcome abroad: EYBA in London

An SYLA committee member urges more young lawyers to become involved, after a “life changing” experience at the European Young Bar Association weekend in London

Reading for pleasure

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

Opinion: David Faith

Committing to paying the living wage brings business as well as social benefits, and legal sector employers should consider joining those who have already gained the Living Wage Employer accreditation

Book reviews

Reviews of Employment Law in Scotland (Middlemiss and Downie); Local Planning Reviews in Scotland (Ferguson and Watchman)

Profile

This month's profile features Patricia Thom, elected in May 2015 as one of two Council members for Haddington, Peebles, Jedburgh, Duns and Selkirk

President's column

Attending the opening of the legal year in England & Wales brought a reminder of pioneering Scottish access to justice – and the need to protect and maintain such access in today’s society

ScotLIS gets the green light

Registers of Scotland page: new land and property information system; plan assistance service; Sasine Register standard securities; Keeper-induced registration

People on the move

Collected news of new appointments and practice changes

Storm over Safe Harbor

The EU Court of Justice has annulled the legal basis on which many major organisations transfer personal data to the USA. What does the decision mean for data controllers, and what happens next?

Light on a murky world

A civil liberties perspective on the Safe Harbor ruling, and what might follow

Southern horizons

In a further career feature on working outside Scotland, the Journal asks seven Scots lawyers in England & Wales how they have fared, and what advice they would give to others considering the move

Mediation minefield

The first to consider the Civil Evidence (Family Mediation) (Scotland) Act 1995 has caused some surprise in its implications for child abduction and perhaps other cases

Migrants: no way to turn?

The Immigration Bill 2015 continues the UK Government’s crackdown on illegal migrants by criminalising important aspects of ordinary life, as well as removing rights of in-country appeal

The technological edge

IT now enables legal firms to collate client data strands to provide a better picture of a client’s business and proactively offer further services – and can equally improve the firm’s own processes

As our suppliers see us

Software suppliers see the solicitors’ profession as waking up to the full potential of practice management systems, and demanding the training to help them realise it

More rules to grapple with

Latest civil cases, including decrees in foro; amendment; settlement; appeals; small claims; summary causes; provisional damages; plus notes on new rules now in force

Fraud and divorce – a Scottish Sharland?

Family briefing: how would the wives held by the UK Supreme Court to be entitled to a review of their financial settlements due to their husbands' fraud, have fared under Scots law?

What future for employment tribunal fees?

Employment briefing: A discussion of the possible outlook in light of pronouncements of the Scottish and UK Governments, and other developments

Heading for a showdown on hard won human rights?

Human rights briefing: as the UK Government prepares to consult on its proposals to replace the Human Rights Act, a Holyrood committee is undertaking its own inquiry on the implications for Scotland

Taxing question of relief

Pensions briefing: further restrictions to the annual and lifetime allowances have been followed by consultation on tax relief options, but will more change only serve to further undermine confidence?

Scottish Solicitors Discipline Tribunal

Reports relating to Lynsey Ann McLean; Solicitor B

How far can we rely on the register?

Practitioners are still coming to terms with the new registration law, and its effect on the principle of reliance on the register. We explain how the principle applies to the different types of title

All part of the game

“The sun comes up in the morning and goes down in the evening and anything could happen in between.” Welcome to the world of the GC to Scottish Rugby, the subject of this month’s in-house interview

Law reform roundup

Recent work of the Law Reform department, including English Votes for English laws; EU reform and referendum; organ transplantation; apologies; trade unions

From the Brussels office

Agreement has been reached on an increase in the number of judges at the EU Court of Justice

Poverty: a new front in the war

Oxfam Lawyers Against Poverty is a new organisation dedicated to improving education and access to justice where needed overseas. A volunteer describes its aims and its first projects, in Tajikistan

Damage limitation: working it out

This month’s risk management column discusses the issues that arise for consideration, and the various steps that may or should be taken, when a problem comes to light

Ask Ash

Advice column: if we have to organise our own Christmas lunch, do we invite the boss who refused us one?

A lawyer's lament

The Word of Gold: whatever the size of your firm, good scoping of client work is fundamental to profit

Appreciation: Michael Scanlan

Tribute to a past President of the Society who died last month