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From the archives - July 2016

Environmental law outside the EU

An attempt to set out the continuing ground rules, and the new influences, under which environmental law will operate when the UK leaves the EU

2014 revisited: championing Scotland in the EU

The author argues that in light of the position it took ahead of the 2014 independence referendum, the UK Government in effect made a covenant to advance the cause of Scotland remaining within the EU

“Justice for sale”

The author, back from promoting access to justice in Malawi, appeals for support to extend the scope of her projects working for those who are regularly denied justice

After the fling

A family lawyer's take on what your clients might get up to in their holidays – and what you may have to do about it

Traps for the unwary

A user’s guide to (some of) the things that can go wrong with your child support case

Reading for pleasure

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

Opinion: Rory Scothorne

The current disconnection from establishment politics, and the lack of citizen involvement in recent constitutional changes, have led to the need for a UK-wide Convention to consider lasting solutions

Book reviews

Reviews of Private Water Rights (Robbie); Alice in Strategy Land (Santon)


This month we feature Morag Driscoll, convener of the Society's Family Law Committee

President's column

The Society will be asking for members’ input as issues arise from the EU referendum outcome; meanwhile normal life goes on with a succession of significant events in the profession’s calendar

Leading by example

Registers of Scotland page: benefits of public sector voluntary registration

People on the move

Collected news of new appointments and practice changes

Brexit: a full menu

The Journal asked prominent Scots commentators Professor Aileen McHarg and Adam Tomkins for their thoughts on some of the key legal issues arising from the EU referendum outcome

Appeal of the new court

With the coming of the Sheriff Appeal Court, all solicitors now have the right to appear and argue summary criminal appeals. What should they know in advance?

Hostility enacted

In seeking to intensify the “hostile environment” for illegal migrants in the UK, the Immigration Act 2016 makes important changes likely to affect both private and public law practitioners

Socially motivated

Aspiring solicitors hoping to work in social justice have a new training opportunity, thanks to the Justice First Fellowship

Back on the case?

The scope and effect of reinstatement orders in unfair dismissal cases has been clarified by the UK Supreme Court following the appeal by dismissed fingerprint expert Fiona McBride

Send the client in?

Latest civil cases, including agent's duties; curators' fees; expenses; sanction for counsel; sist; dismissal for delay; child witnesses, family actions; reduction

What does Brexit mean for planning and environmental law?

Environment briefing: many EU directives have been transposed into our domestic law, and their future depends in part on the nature of the UK's relationship with the EU post-Brexit

Immigration meets licensing: not a marriage made in heaven

Licensing briefing: now immigration controls are extending into the world of licensing law, but the draft regulations affecting Scotland are not a model of clarity

Post-Brexit taxation: less of a certainty?

While many taxes may be little affected by a UK withdrawal from the European Union, the outlook for VAT is more open to doubt

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Roy William Andrew Miller; Paul Thompson

Community right and commercial sale

The extension of the community right to buy land means that any type of property could be affected, and the PSG has responded with draft provisions to cover possible interruptions to a sale

Plane language

Focused and succinct advice on a host of subjects – the demands on an in-house lawyer according to this month’s interviewee, whose employers operate three UK airports

Law reform roundup

Recent work of the Law Reform department, including EU referendum; age of criminal responsibility; environmental justice; immigration and asylum tribunal fees; taxi/private hire licensing; annuities

SSDT has a new clerk

Nicola Ross appointed to succeed Judith Lea

Covered by the terms?

An update on the role that terms of engagement can play in minimising the risk of claims arising out of misunderstandings

Ask Ash

Advice column: our new person likes to pry, and it's a problem

To boldly go...

The Word of Gold: the power of positive thinking may be a cliché, but it's also a fact

Hacking into the law

What is a “hackathon”, and why should lawyers be interested? If it has a legal theme, it could mean smart new IT ideas to help your clients

Paralegal pointers

Scottish Paralegal Association column: the winner of the SPA's first Paralegal of the Year award tells of the experience and what it has meant in her place of work