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From the archives - November 2016

Insider lists: the new must-do

Anyone acting for a listed company, or even an individual connected with such a company, may be caught by the “insider list” requirements of the new Market Abuse Regulation

Pensions valuation and the “relevant date”

A sheriff court case earlier this year showed up potential anomalies in the application of the rules on valuation of pensions on divorce

Data: blurring the lines between privacy and risk?

The CEO of legal tech company Amiqus Resolution blogs on the particular issues that data infrastructure poses for the legal profession

IT: the proficiency and the gaps

Introducing the findings of the Society’s first Technology Survey Report on the profession’s use of, and needs relating to, IT

Reading for pleasure

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

Opinion: Peter Boyd

An industry trend is seeing the biggest legal firms forcing older lawyers out of the door. Smart, smaller firms should be snapping up those looking to work into their retirement

Book reviews

Reviews of Butterworths Employment Law Handbook, Tolleys Employment Law Handbook


Glasgow & Strathkelvin Council member Anne Macdonald has a working life that gives her an unusual range of contacts with the profession

President's column

IT and the challenges it continues to bring, as well as the need to raise our game in combating cybercrime, have featured heavily in events this past month, including the Society’s Council meeting

The Keeper steps in

Registers of Scotland page: Keeper-induced registration begins in November

People on the move

Collected news of new appointments and practice changes

Beyond Yes and No: Britain after Brexit

The Brexit vote presents an opportunity to rethink the governance of the UK in a way that offers new responsibilities for the devolved nations, and potentially a lasting settlement for Scotland

Brexit: leaving European judicial space

What will Brexit mean for the rules on jurisdiction, and recognition and enforcement of judgments, in relation to EU member states? The relevant international instruments are surveyed

Timed out? Alternative financial claims by cohabitants

Are alternative remedies available when the short time limits for financial claims by former cohabitants are applied? This article contrasts two cases, one relating to separation, the other to death

The end of the cash ISA?

In association with Tilney: savers should consider transferring a cash ISA into a stocks and shares ISA

We need to talk about Beatrice

An in-house lawyer shares her experience of negotiating a large and complex renewables deal, and what she learned from the process

Global players

Leading Scottish firms, as well as the Law Society of Scotland, were represented at this year’s IBA annual conference – an event for anyone keen to build an international presence in the legal world

Digital: the dark side

Cybersecurity is a pressing concern for solicitors. But there is much ignorance of the actual risks, never mind the precautions to take. Some key messages from the Technology and Cybercrime Conference

Cautionary tale

Latest civil cases, including Sheriff Appeal Court; warrants; whereabouts unknown; joint orders; declarator; lis alibi pendens; personal injury; lay representatives; civil imprisonment; expenses

Married to the land? – appealed

Family briefing: the Inner House has affirmed a ruling that farm lands and a partnership interest were not matrimonial property, on an analysis of the transactions concerned

Pregnancy: the unequal burden

Employment briefing: the EHRC Report on Pregnancy and Maternity Discrimination finds an alarming level of discrimination still being suffered by women in relation to pregnancy and maternity leave

Privacy: strictures and safeguards

Human rights briefing: As the Investigatory Powers Bill completes its passage, the IPT ruling in the Privacy International case reminds us that Government use of personal data must not be unrestricted

Trapped employers – relief any time soon?

Pensions briefing: 18 months after the close of a Government consultation, we still await proposals to reduce the burdens on employers facing debts triggered by the rules of a multi-employer scheme

Scottish Solicitors' Discipline Tribunal

Reports relating to Craig Richard Grimes; Michael Dryden Kerr and Martin Young Kerr

Convenient, but necessary?

Disputes continue to arise over the claimed existence of servitudes not created by express grant, and two new cases help to clarify some of the rules

Is there a lawyer in the house?

The head of one of Scotland’s biggest in-house legal teams on why time recording is not just for private practice, the benefits of centralisation, ethical issues and customer satisfaction scores

From the Brussels Office

Recent EU developments: cross-border legal services after Brexit

Law reform roundup

Recent public policy work of the Society's committees, including court fees; human rights and Brexit; brain injury and offending; Scottish approach to taxation

Master Policy: the new team moves in

The transition of the Master Policy contract to new brokers Lockton is underway. Here the Lockton team introduce themselves and set out some of their initial priorities

The "buzz" of mediation

Reflections from the Commission: misunderstandings about mediation are hindering its takeup as a way to resolve complaints taken to the SLCC

Plan into action

As the Society publishes its annual plan for 2016-17, it imagines a typical day during the year as its teams pursue the various objectives set out

Sorry: the hardest word, made easier

Does making an apology create difficulties in relation to Master Policy cover? This article exposes several myths concerning this topic, and highlights the effects of the Apologies (Scotland) Act 2016

Ask Ash

Advice column: my colleague appears to be raising issues of domestic abuse

Appraising: what's your score?

The Word of Gold: giving marks out of 10, how well do you review others?

Paralegal pointers

The Scottish Paralegal Association invites nominations for the Paralegal of the Year Award, and invites people to join it on Facebook and Twitter