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From the archives - June 2016

Brexit: a brand new world

Intellectual property rights is one area of close and growing harmonisation within the EU, that would be disrupted in the event of a vote to leave. What are the implications?

Plans reports: an evolving scene

The evolving content and practical application of plans reports for property transactions – and why level 3 reports are not needed nearly as often as they are being requested

Law and IT: time for a new blend

In a “TED talk” delivered at TEDxGlasgow on legal technology, a trainee solicitor with programming skills tells clients to challenge their lawyers on whether they are making the best use of legal IT

Care proceedings, the EU and foreign nationals

Cases where the court has to decide whether to transfer care proceedings to another EU member state are becoming more common in England, and Scots lawyers should be ready too

Reading for pleasure

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

Opinion: Simon Di Rollo

The Supreme Court ruling in PJS not only highlights the difficult balance between rights to privacy and freedom of expression, but also further underpins the prospect of actions for breach of privacy

Book reviews

Reviews of Adult Protection and the Law (Smith and Young); Common Law and Feudal Society in Medieval Scotland (MacQueen)

Profile

Ayla Skene, solicitor at Pinsent Masons, Glasgow, has been co-opted as new lawyers’ representative on Council

President's column

The nerves on taking up office are like those on starting a traineeship, but the preparation as Vice President and the support of our talented Past President will make facing the challenges easier

Coming down the line

Registers of Scotland page: advances in digital services; voluntary registration

People on the move

Collected news of new appointments and practice changes

Litigation value and risk analysis

How a software tool can apply modern risk analysis techniques to deliver projections on the prospects of settling an action at a given figure that commercial clients will understand

Views of the gender gap

Have attitudes to gender diversity truly changed, or are there still hurdles to surmount? What is the best way forward? A debate last month hosted by the Society threw up many points to consider

Procurement: the twin track approach

Public authorities in Scotland, and tenderers, have to get to grips not only with a new regime for Procurement Directive contracts, but also with a parallel regime for some contracts of lower value

Wills: beware bank raids

Are high street firms too dependent on executry work continuing? Are there threats in the market place, and how should practices respond? Our author is watching the signs

PSLs: no poor relations

Professional support lawyers are relatively few in Scotland, but the role is becoming a rewarding and challenging career in its own right, with a potential that deserves wider recognition by employers

Sanctions: the holy grail

What should professional disciplinary sanctions attempt to achieve? The answer can vary, as emerged at a round table held by the SLCC prior to finalising its guidance on achieving consistency

DNA: how conclusive?

Latest criminal cases, including sufficiency of evidence (DNA and other cases); Moorov rule; adjournment of jury trials; forfeiture of vehicles; Crown disclosure

Restoration riddle

Corporate briefing: Scottish and English courts have reached conflicting decisions over the consequences of a company being dissolved and then restored to the register, as respects its former property

Tenant farming: the first guidance

Agriculture briefing: a note on the guidance produced to date by the Interim Adviser on Tenant Farming, much of which may form the basis for codes to be made under the Land Reform (Scotland) Act 2016

On a sticky wicket

IP briefing: a new judgment on what constitutes legitimate use of clips of sporting highlights has upheld the rights of the copyright holders

Looking forward, looking back: developments in anti-doping

Sport briefing: findings of doping violations on retesting of samples from past events present difficult issues, on both the competitive and the commercial fronts, for the athletes concerned

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Michael Chapman; Michael Thomas McSherry; Gerard Tierney

Additional support needs and age criteria

Education briefing: was it discrimination for a local authority to refuse to fund an additional year’s special education for a disabled pupil who required it to achieve post-school transition?

Paralegal pointers

Scottish Paralegal Association column: Annual Conference report

Where law and politics meet

A career as a Government lawyer and then Solicitor to the Scottish Parliament has given this month’s in-house interviewee a unique set of experiences in the public service

Marsh: why the axe?

A solicitor raises concerns over the pending change in broker for the Master Policy, and the Society replies

Law reform roundup

Recent work of the Law Reform department, including pensions law; British Bill of Rights; commission and diligence in family actions; prescription; EU referendum

From the Brussels office

Recent developments in the EU: e-privacy

New framework: watch this space

While there was little controversy at this year’s annual general meeting of the Society, some key issues were aired from the platform and by members

Lost horizons?

The Word of Gold: it's easy to go from inundated to invisible

Payment frauds: the fight goes on

Questions and answers in relation to current experience of external fraud impacting on the profession, including payment instruction frauds

Ask Ash

Advice column: our new admin person is pushing the boundaries

SYLA: the year in focus

The Past President of the Scottish Young Lawyers’ Association and her successor review the highlights of the past year and invite input for priorities over the next 12 months

New wind in the sails

Brussels Office article: the leak of the Panama papers has given a new impetus to EU initiatives on combating aggressive corporate tax planning