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From the archives - January 2017

Private prosecution: the Glasgow Rape Case revisited

The author, who was involved in the last successful Scottish private prosecution, revisits the case before arguing in the wake of recent events that private prosecutions should no longer be permitted

The commercialisation of space

Many aspects of our lives now depend on the use of outer space, but the legal regime has failed to keep up with technological and commercial developments

Feminism: all is not what it seems…

Contrary to some claims, feminism still has a role to play in society, but it needs to reinvigorate itself by taking a more nuanced approach in a multicultural society

Retaking the narrative on complaints

In the full version of his letter published this month, the author argues that the Society failed to counter effectively the misleading headline approach of the SLCC on launching its annual report

Reading for pleasure

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

Opinion: Alan McIntosh

Despite the numerous reforms, casework has shown up many failings of the personal insolvency system in Scotland, and a structure based more on principles and less on regulation is needed

Book reviews

Review of A Lawyer’s Guide to Wellbeing and Managing Stress (Lyon)


Our series on the Law Society of Scotland's new senior leadership team (SLT) continues with Aileen Caskie, executive director of member services

President's column

Brexit, legislation for the profession, and legal aid concerns are some of the “big picture” issues facing the Society in 2017, but there will be much else to occupy it in the course of the year

RoS riding to the four (hundred)

Registers of Scotland page: the Scottish institution is ready to celebrate a very special anniversary

People on the move

Collected news of new appointments and practice changes

Scot in the European hot seat

Undaunted at the prospect of leading Europe’s lawyers as Brexit starts to take shape, Ruthven Gemmell, President of the CCBE for 2017, tells of the wider challenges he and the organisation face

When partners fall short

Processes for dealing with underperforming partners are often the weak spot in a legal firm’s management. This feature discusses the possible risks, and proposes some key steps to minimise these

Uber: a great gig?

The Uber case has shown up the difficulties employment law has with many working arrangements in today’s “gig economy”. What are the implications for advisers and for the law?

Brexit: the end of cross-border practice?

The impact of Brexit on the internal market for legal services, and why the UK Law Societies are seeking to retain an open market

Closing in: the gender pay gap rules

The likely final gender pay gap regulations will cover larger private and voluntary sector organisations from 5 April 2017. We explain what these employers, and their advisers, will have to implement

Simple procedure – it's complicated

The simple procedure is designed to encourage recourse to mediation, but only some courts directly operate such a service. A mediation coordinator explains the possibilities, and possible developments

When changing the defender is OK

Latest civil cases, including amendment of party after limitation period; interlocutors; PI actions; productions; family actions; summary applications; liquidation; multiplepoindings; expenses

Solemn procedure: beware the changes

Criminal procedure briefing: a note on some significant changes to solemn procedure that come into force this month

Divorce and the new state pension

Family briefing: the new state pension arrangements abolish the additional pension previously taken into account when assessing financial provision, but there are important transitional provisions

Delivery of alcohol: a “game changer”?

Licensing briefing: online shopping means orders of alcohol from and deliveries to private addresses. What are the rules, and could they be open to abuse?

A tale of two "Budgets"

Tax briefing: following the recent Autumn Statement and Scottish Budget announcements, our latest column focuses mainly on measures affecting employment taxes

Scottish Solicitors' Discipline Tribunal

Reports relating to Graeme Crombie Miller; Euan Maxwell Terras; Michael Patrick George Hughes; Philip Simon Hogg

"One-shot" rule sees rejection income soar

Total rejection fees have quadrupled in two years due to the rule requiring defective applications to be rejected

Law without frontiers

From criminal defence practice in Kilmarnock to prosecuting alleged war criminals in The Hague, this month’s in-house interviewee has always felt the pull of the international legal scene

CJEU decision supports LPP protections

Ruling in Watson case welcomed by Law Society of England & Wales

Society thank-you for STARTS support

Individuals who took part in discussions with first-year law students named

From the Brussels Office

Recent developments in the EU: business insolvency proposal

Law reform roundup

Recent public policy work of the Society's committees, including domestic abuse; Digital Economy Bill; age of criminal responsibility; transparency in landownership; European copyright framework; gaming machines

Expertise plus: promoting a sector strength

The author's second article on developing and promoting a sector focus sets out five essential steps for a firm in developing a sector marketing strategy and putting it into practice

Paralegal pointers

Looking forward to the 2017 Scottish Paralegal Association conference; and a reminder about the Paralegal of the Year award

What to do about client interest?

With interest rates close to zero, how does this impact on proper practice regarding funds held for clients? The Professional Practice team answers

Still free to market?

Can a property remain on the market following a conditional offer? The Professional Practice team explains the guidance

New year, new contact

Lockton’s first article as Master Policy broker sets the risk management scene in 2017 and the services available from Lockton

Ask Ash

Advice column: my colleague has treated me badly. Should I be part of his leaving do?

Paying homage to King Cash

The Word of Gold: for firms to be solid, they must first be liquid