From the archives - March 2017
What process requires to be carried out, and what resources deployed, before a complaint to the Scottish Legal Complaints Commission is judged ineligible? More than might be supposed, the SLCC reveals
Cases seeking statutory payments for failure to follow the rules covering private tenancy deposits have thrown up some interesting and difficult issues, and variations in awards
How is the EU likely to evolve without the UK? The Law Societies' Brussels Office reports on the Commission's white paper setting out various options, and initial reactions from member states
Our report on the second of the Law Society of Scotland's seminars on the key issues arising from the Brexit process, featuring three speakers with a special interest in the human rights aspect
This month's selection of leisure reading, chosen by the Journal's book review editor
The proposed introduction in Scotland of qualified one-way costs shifting is intended to benefit PI pursuers, but without proper checks and balances risks a significant rise in fraudulent claims
Review of Mental Health, Incapacity and the Law in Scotland (Patrick and Stavert)
Philip Yelland, executive director of regulation, is this month's profile subject from the Society's senior leadership team
As modern legal practice throws up new questions and challenges in relation to professional ethics, should we be more ready to discuss these among ourselves as a means of providing mutual support?
Registers of Scotland page: thanks are due to all who took part in the digital transformation consultation – Registers will be reporting back
Collected news of new appointments and practice changes
Summary criminal cases conducted mostly online, without solicitors spending hours at pre-trial diets waiting for their case to call? Plans to make it a reality are now open to your feedback
Peter Lockhart, one of the working group that produced the summary procedure report, explains in a Journal interview how the new system is intended to work, and encourages solicitors to offer feedback
Financial benchmarking is the new “cost of time”. This Society article explains how an online financial reporting system will enable you to generate a valuable health check on your practice
In association with Amiqus: law firms, and their business clients, should be preparing to comply with the General Data Protection Regulation from May next year
In the month of International Women’s Day, Cathy Donald and Emma Reid, who set up their own practice a year ago, describe their experience and what they have learned
A Supreme Court ruling has confirmed that the UK Government can set a minimum income threshold for a UK national whose spouse seeks a visa to live in the UK, while requiring some changes in practice
In association with Wesleyan: can you risk delaying investment in new IT equipment and technology?
How has Altis been developing since its initial launch last year? The Society-backed online conveyancing platform is alive and well and looking for new users, as its developers tell the Journal
A recent English commercial case interpreted an exclusion of loss provision contextually rather than by the pattern of authorities. What are the lessons for practitioners?
In association with Core: more perspectives on mediation, from an assistant mediator and a professional party
Latest civil cases, including family actions; reponing; specification; expert evidence; waiver; amendment; best evidence; actions for harassment; appeals and extracts; expenses; sequestration
Intellectual property briefing: with the UK likely to ratify the Unitary Patent Agreement this spring, patent holders need to consider to what extent they will participate in the new regime
Corporate briefing: the restatement of the law relating to the creation of third party rights under a contract, now in a Scottish Parliament bill, offers new possibilities in the commercial context
Agriculture briefing: five orders have been made to date, bringing in various provisions of the Land Reform (Scotland) Act 2016, and many more are expected. This note summarises what is known so far
Sport briefing: the failure of an action by a golf club member against the club's executive board indicates the lack of scope for avoiding the general rule against liability to fellow members
Reports relating to Charles Thomas Norbert Brien; William E Renfrew; A & R Robertson & Black
The Office of the Public Guardian introduces measures to reduce the backlog of applications
Is the new land registration regime really a more coherent, workable system? This article argues that it is driven by motives unconnected with the primary purpose of the system, and is no improvement
An intellectual property specialist who moved to a leading educational institution – where she once studied – tells of the challenges and attractions of her post, in this month’s in-house interview
The Society invites views on a new category for specialist accreditation, "regulation for professional conduct"
Recent public policy work of the Society's committees, including driving offences and penalties; pensions; Commission on Parliamentary Reform; Competition & Markets Authority; high-cost credit
Report on a success for a Society training initiative, with an invitation for your further support
Comment from the Law Society of Scotland on the main points in its annual report for 2015-16, now available online
Lockton’s six top tips on email security will see you a long way on the road to safer working
Annual conference alert: this year's event offers a new approach to breakout events and a lineup of great speakers
Advice column: I thought I was coming in as senior, but there's someone else
Report on the latest independent survey of members’ views of and priorities for the Law Society of Scotland, including its dual regulatory and representative functions
The Word of Gold: we all need luck, but is it just a matter of chance?
Scottish Public Pensions Agency appeals for closer co-operation