From the archives - February 2017
In asserting in absolute terms the doctrine of UK parliamentary sovereignty, the Supreme Court has left us with constitutional paradoxes and a decision that will exacerbate political tensions with the devolved nations
What the decision in Miller means for the legal effect of referendums, and what any future enabling legislation should contain in light of the Brexit experience
Does it show a strength or a weakness in the constitution that the Miller decision was reached on the basis of principles said to be centuries old?
The effect of the bill to authorise the formal notice to withdraw from the EU – and why should it be thought that the Sewel convention does not apply?
This month's selection of leisure reading, chosen by the Journal's book review editor
Your reference guide to material published in the paper issues for 2016
The place of artificial intelligence in the legal sector has become a hot topic, but what will its impact really be? The answer suggested is that each of us is capable of assessing how we can benefit from it
Review of The Future of the Professions (Susskind and Susskind)
The spotlight on the Law Society of Scotland's senior leadership team switches to Ken Tudhope, executive director of finance and operations
In the face of challenges to lawyers and the rule of law, the profession must be ready to stand up and be counted. It must also make best use of resources to ensure sustainability through innovation
Registers of Scotland page: Scotland’s Land and Information System is coming and it’s time to find out what it can do for you
Collected news of new appointments and practice changes
Parliament must approve the triggering of the process for the UK’s withdrawal from the European Union – but has the Supreme Court decision in Miller done much to affect the UK Government’s position?
The Supreme Court in Miller declined to rule on matters relating to the Sewel convention. Could it have done otherwise, and can anything be put in place to reduce the level of political confrontation?
Young lawyers globally think the profession needs a wakeup call to realise the extent of the challenges already facing it, according to the Immediate Past President of the AIJA
The Law Society of Scotland commissioned an independent researcher to carry out a thorough checkup of the financial health of legal aid law firms in Scotland. The diagnosis is not a comfortable read
A mediation story, in association with Core Solutions
The Scottish Government is now consulting on its promised “root and branch review” of the planning system, with a particular focus on delivering new housing
What weight should the opposition of the parent with care have in deciding applications for contact with a child? Two contrasting cases
Latest criminal cases, including bills of suspension; sentencing (child abuse images); distress; sentencing (successive complaints)
Family briefing: Pakistan will become a signatory to the Hague Convention on International Child Abduction on 1 March 2017 – but it may be much longer before any Convention proceedings can be brought
Employment briefing: discrimination issues surrounding dress codes continue to cause difficulties, and further rulings on the subject are expected from the CJEU in the coming months
Human rights briefing: a recent sheriff court litigation illustrates the hurdles a claimant has to surmount to establish a claim of “inhumane or degrading treatment or punishment”
Pensions briefing: current litigation and legislative developments will ensure an active year for pensions law, irrespective of what happens on the Brexit front
Report relating to David William Dickson
Property briefing: the enhanced right to buy of 1991 Act agricultural tenants will have a profound effect on conveyancing transactions of agricultural land, one that will have to be addressed
With five new members joining the Society’s In-house Lawyers’ Committee (ILC) following a popular recruitment drive, the ILC took the chance to ask five key questions to introduce them to readers
Recent public policy work of the Society's committees, including Scottish independence; Brexit; criminal law; health and care professions; employment tribunals
In association with Tilney: uncrystallised pension funds are safe from creditors if bankruptcy occurs
Change has been the name of the game within the Society’s Professional Practice team, and the new faces are looking to open up new ways of engaging with the profession, as the team head explains
What are a solicitor’s duties in relation to legal aid fraud by a client? The Professional Practice team explains why the matter has to be reported
The Word of Gold: keeping the bull out of bulletins is a trick worth practising
Law firms continue to be key targets for cybercrime and information security breaches. Lockton sets out some risk factors and some possible approaches
Advice column: there is talk of office redundancies; should I start looking for alternative employment?
The latest article from the Scottish Legal Complaints Commission provides an update on important changes to the time limits for making complaints about legal practitioners
Recent developments in the EU: joint declaration of priorities for 2017