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From the archives - October 2016

Legal protection of adults – an international comparison

The author's opening address to the Fourth World Congress on Adult Guardianship, held at Erkner, near Berlin, from 14-17 September 2016

The UPC post-Brexit: unified, “emmental-ed”, or dead?

Does Brexit mean the end of the UK's involvement in the Unified Patent Court? Not necessarily, whatever the outcome of the wider negotiations

Proof of purpose: IHT and APR

The tricky issues that can arise on claiming agricultural property relief for IHT in relation to let farm cottages

Bankruptcy consolidated: what do I need to know?

A Government solicitor's guide to help solicitors make the transition to the consolidating Bankruptcy (Scotland) Act 2016

Dividends – compliant but challengeable?

The implications for Scottish companies of a decision striking down a Companies Act-compliant distribution on a challenge under an English insolvency provision

FGM mandatory reporting: an example to follow?

Mandatory reporting of female genital mutilation (FGM) was introduced a year ago in England & Wales. What lessons Scotland might learn from experience there?

Reading for pleasure

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

Opinion: Neil Hay

The Justice Committee’s inquiry into the Crown Office & Procurator Fiscal Service is a welcome opportunity to review issues such as independence, communication and COPFS’s future direction

Book reviews

Reviews of Education Law in Scotland (Scott); How to Talk to Your Kids About Separation (Docherty)


This month we feature Ross Yuill, recently elected as a Council member for Glasgow & Strathkelvin

President's column

From the Society’s conference to the ceremonies for the opening of the legal year, events this past month make us think about the future of the profession – and those hoping to make it their future

Next pieces of the jigsaw

Registers of Scotland page: developments in digital registration services; Development Plan Approval service; Land Register completion

People on the move

Collected news of new appointments and practice changes

Beginner's guide

How do you design court rules with unrepresented litigants in mind? The new Simple Procedure Rules attempt to realise this desire of the Gill review. One of the drafting team explains the thinking

As simple as that?

The language is very different, but it is the new powers of the sheriff that may have the biggest impact: comment on the new Simple Procedure Rules

Excellence in action

The future for small firms, possibilities under Brexit, and managing yourself to better performance – some highlights from the Society’s Leading Legal Excellence conference

"That is not how we do it here"

Obstacles to mergers are often created by conflicting cultures and working practices, and if individual egos give way to a willingness to look at new ideas, success is likely to follow

Rebranding in the digital age

A new bank's approach to rebranding, when faced with an issue regarding its chosen name, provides a lesson to any organisation faced with a similar challenge

Brexit: Brussels in a holding pattern

How is the Brexit process shaping up from the EU side? The Society's Brussels Office explains how its institutions are preparing for negotiations with the UK

Common areas: keep Pandora's box shut

Recent statements of Registers’ policy regarding unmapped common areas mean that without correcting legislation, many issues will require to be addressed by all concerned with property law

Police: qualified experts?

Latest criminal cases, including expert evidence; Howden rule and identification; summary trials adjournment; attempt; drink driving

Is that overprovision policy watertight?

Licensing briefing: a new decision illustrates how a board must proceed carefully in finding overprovision in relation to a particular area, and will not be saved by a pending change in the law

Impact assessments still important

Environment briefing: court proceedings over proposed offshore wind farms, and a consultation on changing environmental impact assessment rules, show the continuing impact for the time being of EU law

The vital paper trail

Tax briefing: two cases show the difficulties in trying to claim tax reliefs in the absence of proper documentation of transactions

Scottish Solicitors' Discipline Tribunal

Reports relating to William Bryden Crearie; William Meechan; James Purvis; Stephen Michael Skimming

Controlling interests: problem questions

A consultation relating to the new register of controlling interests in land raises the prospect of further issues for property lawyers relating to what are already areas of difficulty

Law under orders

A chance spotting of a job advert took this month’s in-house interviewee from private practice into the Army Legal Services – a challenging but thoroughly enjoyable career, she finds

Prisoner correspondence: a reminder

Solicitors are reminded of the need to “double envelope” any correspondence sent to clients in custody

Law reform roundup

Recent public policy work of the Society's committees, including Scottish Government legislative programme; Public Policy Committee; Scotland's place in Europe

Society, Parliament revamp law student competition

Students asked to create a blog or vlog for 16 and 17 year olds

Foundation for aspiration

Were you supported financially during your education and training? Are you able to give something to help less privileged aspiring lawyers today? Explaining the aims of the Lawscot Foundation

Payment fraud: take five

Following the latest financial fraud statistics, a reminder of practical risk management points aimed at preventing payment instruction frauds, forming part of a campaign to combat online fraud

Ask Ash

Advice column: I feel really low about my work and don't know which way to turn

Better together?

The Word of Gold: 10 tips to keep a sure footing when entering the unknown with a merger

Paralegal pointers

An informal get-together will take the place of the proposed Dundee mini-conference