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From the archives - December 2017

GDPR: do you need a data protection officer?

The new rules on data protection officers and some important tasks which all law firms should consider

Prospectus to buy into

The EU's new Prospectus Regulation has been welcomed as making it easier and cheaper especially for smaller companies to raise capital in the markets, and is likely to be adopted in the UK

From Milngavie to the Middle East

A Scottish solicitor's personal account of leaving financial services work in Scotland to run a property company in Doha, Qatar – and of the current business scene in that country

Devolution after the Brexit hurly burly

The author questions the status of Scottish devolution if the EU (Withdrawal) Bill is enacted as it stands and in the face of refusal of legislative consent from the Scottish Parliament

Reading for pleasure

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

Opinion: Janys M Scott

Unless reciprocal arrangements in family law continue in force after Brexit, the EU Withdrawal Bill will mean UK courts alone being bound to apply existing procedures, risking conflicting proceedings

Book reviews

Review of A Practical Guide to Charity Law in Scotland (ed McNeill); Charities and Trustee Investment (Scotland) Act 2005 (Cross and Ford)


Lauren Fowler became a Council member earlier this year, representing the Ayr, Dumfries, Kirkcudbright and Stranraer constituency

President's column

Dear Santa, I believe the Law Society of Scotland has been good this year and deserves something special for Christmas – please just don’t repeat one childhood trauma!

Forward from a landmark year

Registers of Scotland page: six highlights from RoS’s landmark anniversary year – and news of another new project as we enter 2018

People on the move

Collected news of new appointments and practice changes

Equality: is it practised?

Reported experience of sexual harassment adds a further dimension to this year’s Journal employment survey, which also reveals pay and career trends and latest views of the economic outlook

Alcohol pricing: a measured response?

What does the Supreme Court decision on alcohol minimum pricing tell us about how the courts will review the legality of devolved legislation? The authors consider the effects of the ruling

Private tenancies: rebalancing or just upheaval?

A new form of private residential tenancy is now in force in Scotland, replacing the familiar types for all new tenancies. This feature outlines the main features of the legislation and its aims

Spending means savings: legal aid study

Each £1 spent on legal aid has a positive impact on society, bringing a substantially greater return to individuals and public services, independent research for the Law Society of Scotland has found

Too late, too late?

With levels of personal debt reaching pre-credit crunch levels and money advice services facing further funding cuts, is it too late for transformative change in support for such agencies?

RebLaw Scotland – join the rebellion

The “rebellious lawyering” movement has just held its first Scottish conference. What is it, and does it concern you? The organisers explain why it might well

Sentences: having the last word

Latest criminal cases, including sentencing discount; provocation; unduly lenient sentence; supervised release orders

Insolvency and jurisdiction update: stating the obvious?

Corporate briefing: a Court of Session ruling has confirmed that EU legislation on jurisdiction in insolvency proceedings has no effect in a question as between different UK jurisdictions

When threats are OK

Intellectual property briefing: the legislation covering threats of infringement proceedings has been rationalised and made more consistent, but still requires to be applied with care

Enter yet another tenancy

Agriculture briefing: an outline of the new modern limited duration tenancy, now in force – with late regulations to ensure all the relevant provisions have been applied

Rights of the funded

Sport briefing: disputes arising in relation to the “gig economy” by individuals claiming employment rights now have a parallel in sport – but what would be the implications of a successful claim?

Registration rejections – more than formalities

Among the reasons for rejections of deeds by Registers of Scotland are those relating to formalities of writing. This property briefing explains two such issues, and the proper course of action

Heritage holder

Advising the National Trust for Scotland is an in-house role with a vast diversity of work to reflect the organisation's activities, as this month's interviewee tells us

Public policy highlights

Highlights of the year's public policy work of the Society's committees, including Brexit; domestic abuse; gender representation on public boards; civil litigation funding; protection of children

Society's first MOOC opens legal learning to all

Background to the Law Society of Scotland's initiative with Addleshaw Goddard and the UK Chamber of Shipping

Where there's a will...

Reflections from the Commission: highlighting two recent guidance documents issued by the Scottish Legal Complaints Commission in relation to wills and executries

Resolution for the new year

From the Professional Practice team: Society members are being offered a new dispute resolution service to help their clients in problem situations

Q & A corner

From the Professional Practice team: what efforts have to be made to establish who can claim legal rights

A year to accredit

A look back at 2017 from an accredited paralegal perspective

Dilapidations: the pitfalls

Risk management this month turns to the contentious field of dilapidations claims, highlighting some of the pitfalls that lawyers instructed to serve schedules need to be aware of

Scaling the depths

The Word of Gold: a plea for the return of scale fees is wrong and doomed, but it raises an important question

Equality: a matter of choice?

Three years on, are the Society's equality standards about to be upgraded from their present voluntary status? Not yet, but interest is being monitored