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From the archives - December 2016

FAI Rules: a guide to the consultation

The thinking behind the new Fatal Accident Inquiry Rules, made following the 2016 Act, as a consultation runs on the draft rules

Saying sorry – is it enough?

As the Apologies (Scotland) Act 2016 comes into force, this article considers what the Act prescribes in order to attract protection, and whether it is likely to make a difference to claimant attitudes

Repairing obligations for common parts

Are commercial lease repairing obligations different for common parts than for premises? Experience suggests that the point should receive more attention at the negotiating stage

Journal reader survey feedback report

A roundup of the responses to the recent online poll, with our observations on some of the points made by those who took the trouble to provide comment

Reading for pleasure

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

Tax: is your firm paying over the odds?

In association with Wesleyan: 10 top tips on how your firm can reduce its tax bill

Opinion: Judith Robertson

Although Brexit and UK Government policy present threats to human rights, we should take our opportunities in Scotland to extend rights, including through the new tax and social security powers

Book reviews

Reviews of Enforcement of Heritable Securities (Higgins), The Butcher's Trail (Borger)


Kevin Lang, executive director of external relations, opens a series on those leading the Law Society of Scotland's new management structure

President's column

A legal round table in Beijing linked to an international infrastructure project, followed by a day shadowing a criminal defence solicitor in Stirling: just one week in the life of your President

Altered deeds? Mind the rules

Registers of Scotland page: unauthenticated alterations; new Glasgow office; digital transformation; unmappable common areas

The clouds gather

Economic uncertainty post-Brexit, moderating pay rises, stressful work, and uncertain progress in the gender equality stakes – these are among the findings of this year's Journal employment survey

Turning points: employment law into 2017

At the end of a momentous year, the authors highlight some of the key developments affecting or about to affect employment law, including some that illustrate the widening scope of the subject

Policy and the public interest

The Lord Advocate sets out his approach to his role, in which he has initiated a review of prosecution policy and underlined the responsibility of individual prosecutors

Above the minimum

The Inner House has accepted that the Alcohol (Minimum Pricing) Act passes the CJEU’s tests for compatibility with EU law. This article explains the route by which the court reached its conclusion

Where code meets custom

On the visit of Glasgow-educated South African Professor Thandabantu Nhlapo, the Journal asked him about the challenge of recognising human rights and native customary law under a single constitution

Child orders: mind the gap

How the nobile officium was invoked to provide a remedy in an unusual family law case

EU law, a family affair

It is likely that EU law will continue to be significant for family lawyers even post-Brexit, and important changes are expected before then

People on the move

Collected news of new appointments and practice changes

Information age?

Latest criminal cases, including warrants; statements of uncontroversial evidence; sentencing young offenders; dangerous driving; threatening communications

The limits of free web access

Intellectual property briefing: two CJEU decisions on copyright infringement in a digital context have practical implications for any business operating websites and/or free wifi networks

Tenant farming: the new guidance

Agriculture briefing: the latest guidance from the Independent Adviser on Tenant Farming, on late payment of rent, and selling a company owner of land subject to pre-emptive right to buy

Insolvency: cross-border clashes

Corporate briefing: an Outer House judge has had to consider competing Scottish and Indian interests in relation to companies subject to insolvency proceedings in both countries

Foul play on the agency front

Sport briefing: proceedings by a football agent alleging breach of contract and wrongful inducement, illustrate the interplay of the ordinary law and particular sport-specific rules

Scottish Solicitors' Discipline Tribunal

Report relating to Steven Lilly

Comm prop and the Holy Grail

Based on the England & Wales Model Commercial Lease, the Property Standardisation Group has launched the first of a suite of standard forms of lease for commercial property in Scotland

Leisure – the serious side

His employers may be Scotland’s largest hospitality group, but as sole company solicitor, this month’s in-house interviewee has a wide ranging workload in a changing world

New anti-money laundering support

An example risk assessment form is one of a number of resources recently made available to members by the Society

Law reform roundup

Recent public policy work of the Society's committees, including legislative process; offensive behaviour at football; Brexit; hate crime and prejudice; forestry

Brexit: helping to shape the outcome

The Society has begun a series of seminars on the key issues arising from the Brexit process. This report on the first event illustrates the approach and the intended outcome

Transition to Lockton – your questions answered

Some questions and answers to help solicitors over the transition to new Master Policy brokers Lockton

Expertise plus: promoting a sector strength

Sector focus is the new watchword of larger firms – but how do you go about it when everyone is promoting their expertise? The first of two articles considers the potential gains, and some strategies

Paralegal pointers

The Scottish Paralegal Association looks back on 2016, an eventful year with a number of landmarks

Time to look back – and forward

As the appointment of Marsh as Master Policy broker comes to an end, their final article reflects on cyber risk as a significant risk for the profession

Everything comes...

The Word of Gold: to win work consistently, patience is not just a virtue, but a necessity

Ask Ash

Advice column: I walked out on my job, but fear I may have acted too hastily