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From the archives - May 2016

Sewel in statute: competence or confusion?

The terms of s 2 of the Scotland Act 2016, which purports to enact the Sewel convention, give rise to some difficult constitutional questions for our courts, and Parliaments

Data protection rewritten

New EU legislation is bringing the biggest shakeup in data protection law since 1998, with restated rights and duties that all concerned need to know about

When divorce and maintenance collide

How conflict can occur between cross-border jurisdictional rules in matrimonial cases, depending on the remedies sought, as a new decision highlights

Child cases: who decides?

An in-depth exploration of how the Family Law Act 1986 operates to determine jurisdiction in cross-border cases involving children, and the various procedures for enforcement within the UK

Deliver us from evil: the totalitarian temptation

As more European countries legislate to weaken constitutional and human rights safeguards, the author maintains that only collective opposition to such measures will protect us from totalitarianism

Reading for pleasure

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

Opinion: Tom Marshall

Criminal Appeal Court comments overshadow the mutual trust and respect that should exist between the court and solicitor advocates; imposing specific duties on instructing solicitors is not the answer

Book reviews

Review of Commercial Leases in Scotland: A Practitioner’s Guide (Gerber)

Profile

This month we turn the spotlight on academic and former solicitor Sarah Craig, convener of the Society's Immigration & Asylum Committee

President's column

My year as President has been one of positive experiences on many fronts, always helped by the goodwill from many in the profession and from the Society’s staff

Certainty guaranteed with DPA service

Registers of Scotland page: Development Plan Approval service; Right First Time campaign; Land Register completion

People on the move

Collected news of new appointments and practice changes

A hard race well won

Revenue Scotland page: Experience in delivering the first devolved taxes, and a collaborative approach involving its users, enabled Revenue Scotland to deliver the LBTT supplement in time on 1 April

EU referendum: choice for a better future

Would leaving the European Union be good for our democracy, or our economy? What other factors are significant in the 23 June referendum? We invited a prominent lawyer from each side to put their case

Of chance and change

From small town origins to big firm practice, with a personal tale as well, Eilidh Wiseman brings a range of experiences – and aims – to the role of President of the Society, as she tells the Journal

Land reform: back, and here to stay

The Scottish Parliament has passed another healthy dose of legislation under the land reform umbrella, this time introducing a more top down approach, and the further strengthening of community rights

Frameworks dismantled

Two Outer House decisions together represent a new approach to assessing damages for pleural plaques in Scotland – one that abandons the framework arrangements favoured by insurers and their advisers

Charity advice: the full picture

Good charity governance goes beyond the legal requirements, and advisers should be alert to other issues with the potential to affect a charity’s reputation and finances

Lifting the lid on lives

In association with Eadie Corporate Solutions: a former deputy police commander, now owner of Eadie Corporate Solutions, highlights how police skillsets have proved so successful in executry tracing

A judgment on judgments

Latest civil cases, including judgments; appeals; time bar, skilled witnesses; joint and several liability; recovery of documents; title to sue; reduction; incapacity; summary applications; interlocutors

Pay: private or transparent?

Employment briefing: two somewhat connected themes this month – the Panama papers and their impact on privacy of earnings; and the new data protection law now approved by the EU

Horses make a clean break

Family briefing: pension assets as a source of funds, alleged “dissipation” through IHT planning, and periodical allowance for upkeep of horses have all been considered in a recent Outer House ruling

Trustees – damned either way?

Pensions briefing: a decision of the English High Court on a pension transfer request has presented a dilemma for trustees and led to calls for statutory intervention to assist their task]

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Alasdair James Goodban; Michael Fyfe Wright

Silverburn: sold on the right to buy

The Government is keen on the community right to buy land, but not many purchases have completed. One successful body recounts its experience, and explains why the process may now be a little easier

Career building

Our in-house interview subject’s work for a private housebuilding company, which he describes as “just like working as a GP”, only represents some of his numerous activities and interests

Oops – lost attorneys

The ending of the appointment of an attorney cannot be reversed, even if this is desirable

Paralegal pointers

Scottish Paralegal Association column: AGM report; CPD call

How will my family know what assets I have?

In association with Tilney: common concerns where holdings are in certificated form

Law reform roundup

Recent work of the Law Reform department, including Investigatory Powers Bill; domestic abuse offence; child safety online; clandestine civil penalty; adults with incapacity

Gender pay: squeezing the gap

Regulations will shortly be in place to enact a mandatory duty on large employers to publish data on the gender pay gap in their organisation. Will they make a difference?

The trend is good

Key points from Marsh’s latest Annual Master Policy Report, highlighting in particular the very substantial downward trend in the number of intimations

Ask Ash

Advice column: should I give up my corporate earnings to follow my court work dream?

Success is in store

The Word of Gold: the shelves of a different kind of partnership are full of lessons for law firms