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From the archives - April 2016

Family ADR: why the slow takeup?

Why mediation and collaborative practice have been slow to catch on in Scotland, the responsibility on family lawyers, and what might be done to improve matters

Electronic cigarettes: the medicine of tomorrow?

Why the implementation of the new Tobacco Products Directive may present a regulatory conundrum for manufacturers of electronic cigarettes

Official advice: must do better

How inaccurate Government advice on maternity pay has been criticised in the Employment Appeal Tribunal – with a message that more official effort is needed generally

Privacy Shield, the new Safe Harbor

Brussels office briefing: the legal texts have been released that will put in place the new framework for transatlantic data flows, following the decision in the “Safe Harbor” case

Maternity: still black marks

Issues faced by working women before and after childbirth require action to improve access to justice, the Equality & Human Rights Commission claims

Designed for justice

How design thinking seeks to usher in a new era of effective criminal justice in Dundee

Reading for pleasure

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

Opinion: Tim Musson

The Investigatory Powers Bill raises many contentious issues regarding the proper boundary between security and the right to privacy, but two at least should be of particular concern to solicitors

Book reviews

Review of European Criminal Law (Klip)


This month's column features Christine Walsh, human resources professional and non-solicitor Council member, who has been “pleasantly surprised” by the informality on Council

President's column

Now is the time for solicitors to make their voices heard in getting election candidates to commit to access to justice, and in particular to protecting the legal aid budget

20 is the new 40

Registers of Scotland page: corporate plan service standards; Sasine Register closure to standard securities

People on the move

Collected news of new appointments and practice changes

Stress: the common enemy

Stress is the biggest single issue affecting Scotland’s young lawyers, wherever they work. That clearly emerges from research by the SYLA, whose committee now calls for a full debate on how to tackle it

A safer way to talk

Coaching could help resolve stress-inducing work situations, according to Veronica Gallagher, who talked to the Journal about her own experience and how she is willing to take time to help others

Mind the gap

Is insurance available which covers legal firms for the adverse impact of a cyber event? The answer depends on what exactly is meant by these terms

SLCC: a role in standards?

The Scottish Legal Complaints Commission’s strategy consultation has sparked an argument over its proper role in setting standards for the profession

Budget 2016: a spoonful of sugar?

Behind the headlines, this year’s Budget contained some substantial tax changes. Some of the most significant for solicitors and their clients are outlined here

Rights lost to sight?

Government decisions, at UK and Scottish level, affect the rights of large sections of the population. But are they being effectively scrutinised, and should lawyers be concerned?

Take care with care services

Registration requirements for care services providers can catch out those seeking to change the legal entity through which they operate

How the Sheriff Appeal Court fits in

Latest criminal cases, including expert evidence; Sheriff Appeal Court; homicide; bail appeals; Crown appeal against sentence

Extended liability?

Licensing briefing: the trade should consider the implications of the Supreme Court decision in Mohamud v WM Morrison Supermarkets for licensees' liability for acts of their employees

Periti credere? [Experts believe]

Family briefing: a recent sheriff court decision challenges the practice of relying on the evidence of child psychologists in family actions – but should their role simply be better defined?

What's happening on the review

Planning briefing: a note on progress at the Independent Review of the Planning System; and key points from two separate draft advice documents published by the Scottish Government

Scottish Solicitors' Discipline Tribunal

Report relating to Gerard James McCarron

Deeds of conditions: emerging stronger

A further contribution to the deeds of conditions debate argues that the Lands Tribunal in the Marriott case has underpinned rather than undermined their use to support the maintenance of common areas

In-house and staying in demand

The Society’s new offices provided the setting for the return of the in-house conference, at which a range of speakers delivered a programme of interest to the whole sector

Further warning over historic client balances

The Society is again reminding members of the disciplinary consequences of failing to disburse all historic client balances from concluded transactions

Law reform roundup

Recent work of the Law Reform department, including Lobbying Bill; LBTT; gender pay gap reporting; domestic abuse; employment tribunals; SCTS evidence and procedure review; Scotland Act

Perceptions and priorities

How did solicitors see the Law Society of Scotland performing during 2015, and what are their priorities looking ahead? We report on the latest independent survey of members’ attitudes

Training is the key

This month’s risk management article considers the importance of risk management training, and highlights the training resources available to the profession

Ask Ash

Advice column: how can I overcome clients' chauvinistic attitudes?

By diverse means

The Society's equality standards, voluntary for now, may acquire a more formal status. Should this cause any concern? The Journal spoke to three firms which have benefited from a progressive approach

The literal truth

Graduates who can’t speak and write English proper face a life sentence, even if the culture has passed in which having such skills was non-negotiable