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From the archives - September 2016

Beyond the named person service

The UK Supreme Court ruling in Christian Institute v Scottish Ministers arguably has wider implications for reform of Scots law in general, and child and family law in particular

Sexual harassment: an everyday problem

The prevalence of workplace sexual harassment found by a recent report, and the strong line tribunals take against it, mean that employers need to tackle it proactively

Governing Scotland in a federal United Kingdom

A critical review of devolution and transforming the UK into a federation, and whether or not the latter is an appropriate method for governing Scotland

Losing our judgment?

The fuller version of the article on artificial intelligence and the need to preserve the ability to develop and exercise professional judgment

Reading for pleasure

This month's selection of leisure reading, chosen by the Journal's book review editor, contains a roundup from the Edinburgh Book Festival

Opinion: Alison Reid

Concerns that young people would be put off from seeking support prompted the successful intervention in the "named person" case, one that shows the value of taking such action in questions of policy

Book reviews

Reviews of Scottish Civic Government Licensing Law (Hajducki and Stuart), Planning (Collar)


This month we focus on newly-elected In-house Lawyers' Committee convener, Graeme McWilliams

President's column

International summer conferences demonstrated the extent to which the challenges we face are shared by others – and that Scotland shows well when it comes to devising initiatives to meet these

The future, step by step

Registers of Scotland page: across its digital services, Registers is making improvements, steps at a time, working with users who test and provide feedback

People on the move

Collected news of new appointments and practice changes

Changing face of the courts

She disclaims pioneering ambitions, but became the first woman appointed as one of the two senior judges in Scotland. Lady Dorrian speaks about her career and the changes she is now helping to shape

Success: the chimp factor

What is our “chimp”, and how does it relate to our professional lives? The topic is one of many at the Society's annual conference, dedicated to top level individual and professional performance

Courts reform: a call to pre-action

A brief guide to the new Personal Injury Pre-Action Protocol, which will soon be made compulsory in certain personal injury claims

Teeth that could be sharper

An advance, without providing all the answers: a litigator’s view of the new Pre-Action Protocol

Good claims, bad lies

Can an insurance claim ever survive a fraudulent statement by the party alleging loss? The apparently mixed messages delivered in two recent Supreme Court decisions, explained

Unlocking doors: demystifying squatting

Far from being completely illegal under Scots law, squatting is a potential legal minefield for landowners and police alike

Back to basics

Latest civil procedure cases, including pleadings; settlement; remit to Court of Session; civil jury trials; appeals; family actions; expenses

Brexit and IP: what should solicitors be doing now?

IP briefing: the advice solicitors should be giving to clients now in relation to IP and commercial contracts, before the terms of the Brexit deal are agreed

Agency, insolvency and termination

Corporate briefing: the UK Supreme Court has restated the law on the treatment of payments receivable by an agent following termination of the agency due to the agent’s insolvency

Brexit and the agricultural sector

Agriculture briefing: while we cannot yet know the consequences for the sector of the vote to leave the European Union, certain issues can be clearly identified

A carnival for some, but not for others

Sport briefing: the differing treatment of Russian athletes as between the Olympic and Paralympic Games, over the doping controversy, can be explained by the separate governance structures involved

Scottish Solicitors' Discipline Tribunal

Reports relating to David John Armstrong; Ian Robert Clark

Culling of the hybrids

Professional regulation briefing: the Court of Session has held unlawful the classifying of single issue complaints by the Scottish Legal Complaints Commission as “hybrid”. What are the implications?

Common property: what policy?

A question regarding the Keeper's current policy on transferring titles affected by the PMP Plus decision on common property, and Registers' reply

Cause of action

Few in-house lawyers as yet are employed by social care charities, but this month’s interviewee finds the role a full and rewarding one, which others in the sector may be thinking of emulating

Client balances: reminder issued

A reminder that failure to disburse all historic client balances highlighted though inspections or the accounts certificate process is always now reported to the Client Protection Subcommittee

Law reform roundup

Recent law reform work of the Society's committees, including legal services market; occupational pension schemes; Policing and Crime Bill; non-compete clauses

From the Brussels office

What the vote to leave the European Union means for the Joint Brussels Office of the UK Law Societies: business as usual, and a bit more

Paralegal pointers

The SPA’s 2017 annual conference has been set for 20 April, and is set to at least match 2016 for range of attractions

Your Law Society of Scotland Council Members

The full list of current members, elected, ex officio, co-opted and non-solicitor

At the doors of the court

“Doors of court” settlement offers require a big decision in very limited time. What risk management steps can solicitors take against a settlement later being the subject of a complaint or claim?

Ask Ash

Advice column: I have taken the decision not to drink alcohol, but am coming under pressure to do so at social and client events

To the focused, the medals

The Word of Gold: Law firm leaders have much to learn from the stars of Rio, and those who made them shine

Losing our judgment?

Solicitors should not allow artificial intelligence to prejudice their ability to develop and exercise professional judgment

MacKenzie boosts Society's AML drive

The Society has recruited Graham MacKenzie to establish a new anti-money laundering audit regime for larger firms, and provide guidance and advice to all firms on their obligations