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From the archives - August 2016

Human rights: preparing the UK's report card

As the United Nations prepares for its periodic scrutiny of the UK's human rights record, the Law Society of Scotland has contributed its own review towards an independent submission

Doping and Rio – the final say?

The framework within which the Court of Arbitration for Sport has upheld the ban on Russian athletes’ participation in Rio 2016

Mr v Mrs: the real mediation world?

Did the BBC's recent documentary on family mediation paint a fair picture? A family lawyer mediator reviews the series

GDPR – still coming to the UK

Why Brexit should not change your mind about preparing for the General Data Protection Regulation

eDisclosure and Brexit: GDPR come what may?

One activity significantly impacted by the GDPR is eDisclosure. This article assesses the impact, and whether the Brexit vote will make any difference

Tom Axford, 7 March 1960-12 May 2016

An appreciation of the head of legal, Scottish Water, who built an award winning in-house legal team

Reading for pleasure

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

Opinion: Billie Kirkham

Intending trainees (and those looking for qualified positions) may not instantly think of rural towns as offering a satisfying lifestyle and range of work – but they certainly can (fuller version)

Book reviews

Review of Possession of Corporeal Moveables (Anderson)


This month's subject is Archie MacIver, convener of the Society's Licensing Law Committee

President's column

What’s in a motto? Administering a notary public oath prompts thoughts on the Society’s own motto, and what it says to us in these times of upheaval

Pilots chart a course

Registers for Scotland page: two pilot schemes that should enhance the ease of using Registers’ digital services are being tested with solicitor users

People on the move

Collected news of new appointments and practice changes

Thiepval: what does that mean to you?

A reflection on the memorial service for the centenary of the Battle of the Somme, in which Scots lawyers were among those who fell

Iraq: a basis in law?

In the light of the Chilcot report, what do we make of the legal justifications offered for the Iraq war, and what lessons should be drawn on the giving of legal advice to Government?

Big Brother, or benign assistance?

The Supreme Court ruling on the "named persons" scheme hit the headlines, but to what extent did it undermine the scheme? The authors explain the scope of the decision

Activist banking

You might not think of RBS and Govan Law Centre as having shared interests in the law, but the bank, supported by four panel firms, is in partnership to support GLC’s social justice work

Hostility enacted – a view from practitioners

Following last month’s article on how the Immigration Act 2016 is likely to affect private and public law solicitors, three practitioners look at its impact on criminal, employment and business law

Bankruptcy reconstructed

Scotland has a new framework of bankruptcy legislation, one that attempts a coherent statement of a much-expanded statutory regime

No-blame redress: a blueprint?

A review of the background to the Scottish Government's proposed “no-blame” redress scheme for harm arising from medical treatment, and how the scheme compares to others elsewhere

Moorov: bridging the gap

Latest criminal cases, including sentencing; Moorov rule; assessment of witnesses; drink driving; plus a tribute to Sheriff Andrew Lothian

Ten years of cohabitation claims

Family briefing: an assessment of the current position regarding cohabitant claims under s 28 of the Family Law (Scotland) Act 2006

Employment law post-Brexit: what change is likely?

Employment briefing: although much employment law is EU-derived, there is reason to believe that relatively little will change as a result of the EU referendum vote

Mine, and they're private

Human rights briefing: the Court of Session has upheld the right of a person whose medical records are sought by an accused in criminal proceedings, to be heard before an order is made

Brexit: is parting sweet or sorrow for pensions?

Pensions briefing: economic developments post-Brexit could bring negative consequences for pensions, but there is a possible upside also

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Fiona Marie Cairns; Sheena Jane Savage; John Urquhart

Brexit? Don't panic...

Property briefing: despite the shock to the commercial property market from the Brexit vote, the fundamentals remain quite strong, and those in the sector should stay level-headed as to its prospects

Law for heroes

A few months after moving in-house, life with the Scottish Fire & Rescue Service is varied but also very fulfilling for this month’s interviewee, who sees her role as contributing to a vital service

Law reform roundup

Recent work of the Law Reform department, including "no-blame" redress scheme; stop and search; Investigatory Powers Bill; tax evasion; disability employment gap

Vulnerable witnesses: LJC alert

The Lord Justice Clerk has asked the Society to advise members to revisit the High Court of Justiciary Practice Note no 3 of 2005

Power to whose elbow?

The SLCC wants to overhaul the present complaints system. Is it seeking to take more powers from the Society? It insists its approach is about getting the process right

It isn't about the babies!

A recent Society blog on why young women lawyers leave their jobs prompts the author – who has just launched her own fashion business – to respond that sometimes people just want something bigger

Covered by the terms?

Continuing the theme of last month’s risk management article, some further consideration of the role of well drafted terms of engagement in minimising the risk of misunderstandings

Ask Ash

Advice column: I'm getting unwanted attention from a colleague who split from his wife

The power of culture

The Word of Gold: sustained success is never an accident, but underpinned by a great culture

Properly engaged

An overview from the Professional Practice team of the new terms of business guidance

Paralegal pointers

Scottish Paralegal Association column: the SPA needs to hear whether members are interested in the proposed autumn mini-conference