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From the archives - August 2015

A touch of EVEL

Engaging with the controversial “English Votes for English Laws” proposals to try to separate the actual provisions from some of the misconceptions surrounding the debate

Dad or undad: liability for paternity fraud

Can a man sue for being falsely told that he is (or is not) the father of a child? Two prosecutions, one in Scotland, one in the USA, prompt interesting questions in delict

FAIs – for what purpose?

The at times conflicting approaches of the two bills on fatal accident inquiries – one Government, one member's – currently before the Scottish Parliament

Too late to change your mind?

The author considers a recent English case rejecting a party's late application to refer a dispute to arbitration, and whether the Scottish rules would be likely to produce the same result

Reading for pleasure

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

Opinion: Beverley McLachlin

Extract from the 2015 Macfadyen Lecture: more than ever, as courts are called on to rule on difficult questions of rights and social issues, today's judges must demonstrate principle and the integrity of the law

Book reviews

Review of The Oxford Handbook of Organised Crime (ed Paoli)

President's column

The Society is always learning, from conferences and other events, from meeting and talking to people – and from constructive feedback from members who think it could do better in its services

Examination question

Registers of Scotland page: guidance on the application form question about limitation of examination of title; new rejections form

People on the move

Collected news of new appointments and practice changes

Sheriffdom of Scotland

Under the civil court reforms the Sheriff Appeal Court will hear most appeals, civil and criminal, from the sheriff court. Its President, Sheriff Principal Mhairi Stephen QC, told the Journal about the plans

Loans and financing throughout your career

In association with Wesleyan: whatever the stage of your legal career and whatever your financial needs, talk to a specialist lender

Courts reform: we have lift-off

As Lord Gill's remodelling of Scotland's civil courts begins to take effect, this article offers a guide to the recently made subordinate legislation which contains many of the key provisions

2020: a changing prospect

Five years into the decade of its Towards 2020 plan, the Law Society of Scotland has renewed its strategy to keep abreast of the pace of change, setting itself some challenging goals

Purpose-driven women

Despite the gender balance in today's profession, women lawyers still face particular challenges in reaching senior positions. This feature presents five things women can do to improve their prospects

Under the hammer

This special feature profiles a spectrum of auction houses active in the Scottish market with a range of services relevant to solicitors – and takes a look at the impact of the internet age

Sentencing shifts?

Latest criminal cases, including several sentencing appeals; Moorov rule

Holiday headaches

Employment briefing: the case law continues on holiday pay and carrying over holidays due to sick leave – without showing any signs of concluding just yet

Married to the land?

Family briefing: a new Court of Session decision illustrates the court's approach to the sometimes complex issue of whether farm lands are included in matrimonial property

Rights before the regulator

Human rights briefing: human rights have an important role in professional regulation, but it is important to view them in the context of the whole procedural steps available

Time to get your pensions house in order

Pensions briefing: a roundup of issues that trustees and employers should be addressing, some against deadline dates, as pensions legislation continues to evolve

Scottish Solicitors Discipline Tribunal

Report relating to Murray Alexander McAuley

Digesting the Community Empowerment Act

Property briefing: the Community Empowerment (Scotland) Act 2015 embodies some high ideals, but what rights? These are in fact quite extensive, even if their practical application remains to be clarified

Advice on tap

The award-winning legal team for the company responsible for the whole of Scotland's water supplies has to be ready for diverse challenges, as this month's in-house profile reveals

Epilepsy training DVD helps spot the signs

The Crown Office & Procurator Fiscal Service draws attention to a valuable training resource that might help improve confidence in the justice system

Law reform roundup

Recent work of the Society's Law Reform department, including lobbying proposals; English Votes for English Laws; rights of the child; smoking in cars

From the Brussels office

Recent developments in the EU: European small claims procedure

Your price – what's on the menu?

The Word of Gold: firms with the confidence and discipline to offer clients real choice in how they pay will reap rich rewards

Double danger

Current risk management priorities: reports suggest property transactions are being targeted by cyber criminals, and exercising break options continues to be an area of risk for the profession

Ask Ash

Advice column: is it worth leaving because of a poor line manager?

Courts: the when and how

Professional Practice summary of the main features of the court reforms, and their timing

Complaints go online

Reflections from the Commission: an update on some changes to the Scottish Legal Complaints Commission's Rules to support the new online complaint form

What happens in Vegas, stays in Vegas

Legally IT: how to conduct a technology audit yourself, thereby keeping the process, and the results, internal to your firm

Pro bono: a helping hand

A high level of commitment to pro bono has been found by the Society's recent survey