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From the archives - May 2015

Sham marriages v Sham interviews: which is the greater evil?

Home Office “marriage interviews”, and related procedures, frequently present as conducted in an unfair manner, and require well prepared legal representation to safeguard the couple's interests

A trusts law for the modern era?

An overview of the Scottish Law Commission's recent recommendations for the reform of trusts law, explaining why reform is needed

When cash just isn't good enough

Charities and not-for-profit organisations used to cash holdings need to rethink their investment strategy in the current low interest era

Un voyage en vaut la peine*: SYLA does France

SYLA's intrepid delegate at the European Young Bar Association Spring Conference describes the action in Aix-en-Provence.

SYLA ends season on a high

Recent highlights from the Scottish Young Lawyers' Association's programme, particularly “Women in Law”

Appreciation: John Henderson

A tribute to a sole practitioner of yesteryear with strong Christian values

Reading for pleasure

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

Opinion: Mohammed Sabir

The “marriage interview” procedure used to investigate suspected sham marriages presents as inherently unfair, and as requiring the presence and persistence of a legal representative on behalf of the couple

Book reviews

Reviews of Mental Health and Scots Law in Practice; Winning Marriage


This month's profile features Ian Moir, convener for criminal work of the Society's Legal Aid Committee

President's column

Changes taking place within the profession and in civic society provide a great opportunity for the Society and its members to play a leading role, as we move forward with a new office bearer team

People on the move

Collected news of new appointments and practice changes

Application forms: should the seller adjust?

Registers of Scotland page: why it is only in limited circumstances that a land application form should be adjusted by a seller's solicitors under the 2012 Act

When sharing matters

What took place at the Glasgow 2015 Commonwealth Law Conference, and what may be its impact going forward? The editor reports on an impressive gathering that did Scotland proud

After the launch

Revenue Scotland page: Revenue Scotland is grateful to everyone who helped make the 1 April launch possible, and will continue to work with service users as it develops further systems

Game of strategies

A team player, an organisation person: incoming President Christine McLintock wants to combine her experience with her passion for the profession to further raise the Society's game, she tells the Journal

Broken promises

The UK Supreme Court decision in RBS v Carlyle is the first at appeal level to recognise a pre-crash lending commitment by a bank that was not given in writing. Is it unique to its facts?

Charity legacies: the 10% conundrum

How should a will be drafted so as to take advantage of the reduced IHT rate on a 10% bequest to charity, and what practical considerations arise?

Another "Whose money?" case

In association with Eadie Corporate Solutions: Sleuthing skills that enable missing beneficiaries to be found can be deployed to help legal firms trace other individuals entitled to funds on client accounts

Barrister barred

Latest civil cases, including rights of audience; citation; alternative averments; case management; appeals; expenses

Rearranging the family ties

Family briefing: a recent case highlights the proper considerations on an application for adoption by a child's step-parent

Belief in the system

Employment briefing: philosophical beliefs are just as important as religious beliefs, the EAT has stated in the latest case to test what constitutes a protected characteristic

Living by the code

Pension trustees and managers now have an industry code and official guidance from the regulator to help guard against members seeking to transfer their benefits falling foul of pension scams

The sky's the limit

The in-house interview profiles the leader of the winning team from this year's Scottish Legal Awards, serving fast-growing internet travel search company Skyscanner

Unfinished business

Land reform has been considered at Westminster as well as by the Scottish Government. This article looks at the recent Scottish Affairs Committee report, and the impact its proposals may have

Law reform roundup

Recent work of the Law Reform Department, including bills on British Sign Language, mental health, voting age, and air weapons and licensing

Appreciation: Joseph Beltrami

Tribute to the defence solicitor said to have enjoyed a higher profile than any other lawyer in Scotland

LBTT: what does it mean in practice?

A summary from the Professional Practice team of the main features of the new land and buildings transaction tax

For those of a certain age

The Society's equality and diversity work has not ignored the situation of more experienced lawyers, who may need support in various respects. A new report takes this forward

Claims: trending?

This article encourages the profession to consider Marsh's latest Master Policy Annual Report, and discusses some of its key points

Ask Ash

Advice column: I'm being put off by my room-mate's personal habits

A man for all reasons

The Word of Gold: a model of dignity and respect could be seen in one of the speakers at the Commonwealth Law Conference

The "TER approach"

Legally IT: the role of the legal process engineer, and the three-stage approach by which law firm processes are reviewed, taking a holistic view