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From the archives - January 2016

Cutting the RoS bouncebacks

Why deeds are commonly rejected by Registers of Scotland, and the new pre-registration checking service that should help reduce the risk

Landlords still?

With the appointed day under the Long Leases (Scotland) Act 2012 now past, the author flags up the rights that may still be claimed, and highlights an unexpected issue relating to compensation

Split parenting: fewer tears

From emotional meltdown to effective negotiation: the new Parenting Apart programme for separating couples, and how it works, with reference to some early user experiences

Brussels briefing

Highlights from the most recent Brussels Agenda briefing issued by the UK Law Societies' joint Brussels office, including public documents; impact assessments; presumption of innocence

Reading for pleasure

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

Opinion: Frankie McCarthy

Even private lets must comply with article 8 of the ECHR. The Private Housing Tenancies (Scotland) Bill should take this into account to avoid a challenge to the competence of the enacted legislation

Book reviews

Review of Comparing Tort and Crime (ed Dyson)


This month the spotlight rests on Campbell Read, idiosyncratic Campbeltown solicitor and one of two Council members for the districts from there to Fort William

President's column

A new year brings new challenges for equality and diversity, and also on legal aid in the wake of the Scottish Government’s draft budget

DPA: one year on

Registers of Scotland page: a reminder of the advantages of the development plan approval service, now past its first anniversary

People on the move

Collected news of new appointments and practice changes

Team building

The Law Society of Scotland now has purpose-built offices that provide all the facilities a modern organisation needs. But what does it mean for the Society, and the members who support it?

Ward's words

A high street solicitor has just retired from a frontline practice that has brought him international recognition. We interview Adrian Ward, the man behind much of the modern law on mental disability

The end of deeds of conditions?

A new Lands Tribunal decision has placed a further obstacle in the way of developers seeking to impose maintenance burdens by deed of conditions. Is it time for a different approach?

Human rights and land reform: unanswered questions

Are the Scottish Government’s land reform proposals compatible with European human rights law? The author believes that the tests applied by the Strasbourg court leave many questions unresolved

Aye to Brussels

Last summer’s member survey on whether the UK should remain part of the EU produced some interesting and at times entertaining comments – with a clear preference to stay in

Appeals: the new landscape

Latest civil cases, including personal injuries actions; appeals; family actions; reduction; contempt of court; breach of interdict; witnesses; sequestration

The 2015 Act: some more thoughts

Licensing briefing: are the new provisions satisfactory in relation to supplying alcohol to children and young persons, and revocation for failing the “fit and proper person” test?

Three months in planning

Planning briefing: a roundup of the significant developments of the past quarter in the world of planning law

Buy-to-let: no longer a good bet?

Tax briefing: both the Chancellor's Autumn Statement and the Finance Secretary's Scottish Budget contain measures that substantially increase the tax burden on second homes and buy-to-let properties

Scottish Solicitors Discipline Tribunal

Reports of cases relating to Alan Strain; Noemann Farooq Butt; Sophina Mehmood Ali

What is ScotLIS?

Scottish ministers are backing a project to set up a comprehensive land and property information service for Scotland, to go live next year. This article explains what practitioners can expect

Energy input

The legal director of an oil company with global interests provides another illustration of the wider commercial role that in-house lawyers are well qualified to play

Law firms help students' business skills

Practices give feedback to law students presenting ideas in enterprise workshops

Paralegal pointers

The monthly column from the Scottish Paralegal Association

Law reform roundup

Recent work of the Law Reform department, including smoking and tobacco control; investigatory powers; Lobbying Bill; organ transplants; impact of EU referendum; imprisonment; prison sentences

CML Handbook amended

Amendment incorporates new concepts of binding offer and reflection period

Service eases stress of separating parents

Outline of the recently introduced Parenting Apart programme

Appreciation: Tahir Elçi

A personal tribute to a leading Turkish lawyer, killed as he stood up for peace and human rights in the Kurdish region

The rocky road to good intentions

The Word of Gold: how to make those new year (or any other) resolutions stick

Risk review 2015, risk forecast 2016

A review of the risk headlines which featured in the risk management column during 2015, and a look forward to 2016 with a forecast that cyber risk issues will dominate the risk agenda

Ask Ash

Advice column: I'm embarrassed about the Secret Santa gift I bought for my boss

What's in store for SYLA in 2016?

A preview of the year ahead for the Scottish Young Lawyers’ Association, in light of a recent survey of members’ concerns

Reflections from the Commission

An update on the SLCC’s plans to publish decisions, and a new support service for client relations managers