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From the archives - March 2016

Divorce in Scots law and Sharia law

The place of Sharia law within the Muslim community in Scotland in the context of marriage and divorce, the Sharia grounds of divorce, and how mosques are responding to changing needs for advice and guidance

British Bill of Rights: radical reform or damp squib?

As the UK Government's plans to reform the Human Rights Act are delayed, the author explores the obstacles that have emerged and questions the scope of any likely reform

Ten steps to winning new business

It isn't rocket science; it just takes a little effort: 10 things that smaller firms in particular can do to improve client footfall

The Keeper is coming

Keeper-induced registration will be essential to Land Register completion. We provide a Q&A on how it will work

Winding-up applications: when to refuse a first order

The author argues that one of the few recent written Scottish decisions on an application to wind up a company for non-payment of debts, was in fact wrong

Reading for pleasure

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

Opinion: Marsha Scott

Sheriff Principal Pyle’s recent address on how the courts approach domestic abuse cases was a welcome breath of fresh air, even if women’s support organisations do not agree with all his proposals

Book reviews

Reviews of Avoiding Professional Negligence Claims (Galbraith); International Private Law: A Scots Perspective (Crawford and Carruthers)

Profile: Susan Carter

This month we focus on Susan Carter, a non-solicitor member of Council who has long experience on advising legal practices on growth strategies

President's column

The annual report of the Discipline Tribunal shows the priority the Society attaches to regulation, but we can all be active also in highlighting the positive contribution solicitors make to society

Securities: no more sasine

Registers of Scotland page: the Sasine Register is about to close to standard securities; and more on avoiding Land Register rejections

People on the move

Collected news of new appointments and practice changes

Back for more

Despite a whirlwind of change, leading property lawyers think the system still needs to be improved. But how will it be achieved? We report on the Journal's latest round table, sponsored by First Title

Funding your practice

In association with Wesleyan Bank: how commercial loans can help law firms bridge their funding gaps

Equal but different?

The proposed devolution of employment tribunals could bring with it changes that impact adversely on the administration of justice in employment cases

Making safety work

Kennedy v Cordia (Services) has provided important guidance on the law relating to workplace accidents since the Enterprise and Regulatory Reform Act 2013 – and on the role of expert witnesses

A mediation story: the mediator's log

In association with Core Solutions: “The End Game” concludes an account of a day in the life of a mediator, begun in the Journal and serialised online by Core Solutions

Uber and above?

Taking a ride with Uber? It’s not clear who may be liable in the event of a personal injury claim, but upcoming developments in employment law could provide a pointer

Experts reassessed

Latest civil cases, including expert evidence; personal injuries actions; citation; amendment; extract convictions; family actions; expenses

Land reform: part 10 takes shape

Agriculture briefing: stage 2 amendments to the agricultural holdings provisions of the Land Reform (Scotland) Bill have settled some important policy issues

Out of shape

IP briefing: two recent English High Court cases highlight the difficulties involved in obtaining registered trade marks for 3D shapes

Requirement to register: meet PSC and SIOC

Corporate briefing: details are now available of how the new requirement to keep a register of persons with significant influence or control of a company or LLP is intended to operate

Transgender: developing participation rules

Sport briefing: new rules are being proposed at international level for participation of those who have undergone gender change, but how they will apply domestically raises difficult questions

Scottish Solicitors Discipline Tribunal

Reports of cases relating to Karen Stedward Paterson; Daniel O'Neill

The road less travelled

From biochemistry degree to GC at a global insurance concern, this month’s in-house interview charts the course of someone who thrived in the in-house environment from the outset

From the Brussels office

Recent developments in the EU, including data reform; "Solvit" claim resolution service

Law reform roundup

Recent work of the Law Reform department, including court and tribunal fees; Scotland Bill; employment tribunals; Lobbying Bill; investigatory powers; whistleblowing officer; medical confidentiality

Doing the business

The Word of Gold: however brilliant the work, there is little honour in being without profit

EU benefit rights: a not so new deal?

From the Brussels office: how does the outcome of the Prime Minister’s negotiations on EU membership affect rights to benefits of EU migrants?

Fraud: raising your game

Risk management systems and procedures which might be adopted to minimise the risk of a payment made through direct funds transfer ending up in a fraudster’s bank account

Ask Ash

Advice column: a colleague is jealous of my pay rise

In the rights place

Legal pioneers: interview with Andrew MacGregor, who tells of the path that has led to him becoming a leading human rights official with the United Nations

Using your secure digital signature

Now that most solicitors have their Law Society of Scotland smartcard, how can it be put to practical use? This article encourages you to get into the practice of secure digital signatures

Come to the conference

Paralegal pointers: details of this year’s annual conference are now available, and places are selling fast