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From the archives - May 2017

“Without prejudice” save as to costs?

Scots and English law differ markedly on the scope of protection imported by the label “Without prejudice”, though in the author's experience the difference is regularly lost sight of

Sanction for counsel: the new landscape

A decision of the Sheriff Appeal Court in an asbestos-related personal injury case has wider significance for those wishing to seek sanction for instructing counsel

Keeping payment practice up to scratch

Large businesses in the UK now have a duty to report at regular intervals on their payment practices and performance, for the benefit of suppliers, actual or potential

Access and the call of nature

While unsuccessful in the outcome, the pursuer in Beyts v Trump International Golf Scotland won a moral victory, the author argues, that carries implications for future privacy cases

Why punish?

What do we mean by punishment? This contribution argues that while punishment has many different purposes, its role can only be understood in the context of the culture within which it is imposed

Caught in the past

Two judgments upholding human rights challenges to Scottish legislation point to the need for an urgent review of the effect of childhood offending behaviour later in life

Reading for pleasure

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

Opinion: Louise Johnson

The Domestic Abuse (Scotland) Bill has its flaws, particularly as regards children, but breaks new ground in looking beyond physical violence to abusive control and should be welcomed for its approach

Book reviews

Review of Adoption of Children in Scotland (Jack)

Profile

Chief executive Lorna Jack completes our series on the Law Society of Scotland's senior leadership team

President's column

“Time to say goodbye”, as the presidency changes hands: it has been a privilege to serve, despite some difficult issues, and the current Government reviews are an opportunity to shape our future

PAS proves a hit

Registers of Scotland page: RoS's Plan Assistance Service, which supports the mapping of sasine titles into the Land Register, has proved popular since its launch earlier this year

People on the move

Collected news of new appointments and practice changes

Beating the system?

Will the revamped Faculty of Advocates arbitration service, initially focusing on PI claims, prove a hit? The Journal asked two senior counsel involved with the scheme, why they think it might

People perspective

With the Roberton review, the SLCC and Brexit likely to lead the Society's agenda, incoming President Graham Matthews tells the Journal of his high street outlook and his expectations for his year

Leaving the EU: the legislative future

Despite the UK Government's white paper, much uncertainty remains over post-Brexit legislative processes in relation to EU law. This article suggests some initial themes for advisers to consider

Ledger for the digital age

Blockchain is something many people have heard of without really knowing what it means. An RBS solicitor explains why businesses like his are investing heavily in its development – and his own role

Charities - navigating a new landscape

With financial pressures and the shift from grant funding to contracts, social care charities are operating in new legal territory

Do you know how much is enough to retire?

In association with Tilney: releasing capital from a business

Don't call it just a job

In association with Eadie Corporate Solutions: the positive effect beneficiary tracing investigations can have

Sanction: appeals not encouraged

Recent civil cases, including sanction for counsel; expenses; parties' capacity; pleadings; compensating criminal conduct; interest; family actions; heritable actions; and the pursuer's offers rules

Child abduction: two aspects

Family briefing: two new child abduction cases, one Scottish, one English, show the courts having regard to the policy of the law, but with the child's own views ultimately prevailing in one

Challenges of gender identity

Employment briefing: the issue of gender identity is becoming more prominent, and employers should be aware in particular of the need to foster the right attitudes among all staff

Prior warnings and reasonable belief

Human rights briefing: a provision enacted by the Scottish Parliament has been struck down as not sufficiently focused in relation to the justification advanced for it engaging Convention rights

Powers in the past

Pensions briefing: a new decision shows the Scottish courts adopting a commonsense approach to the question whether amendments to a pension scheme in the 1990s were effectively made

Scottish Solicitors' Discipline Tribunal

Reports relating to Craig Andrew Fraser; Ivan Alexander Ralph; William Walls

Missives: can we conclude more quickly?

Ten suggestions that the authors believe might help restore confidence in the Scottish conveyancing system, benefiting both purchasers and sellers – with a call for solicitors to take the initiative

Life beyond in-house

Interviewing someone whose in-house career developed into other manager posts – and who now finds himself in a non-legal role associated with a solicitors’ firm

Law reform roundup

Recent public policy work of the Society's committees, including Child Poverty Bill; SLAB code of practice; draft Prescription Bill; gender equality; planning; Integrated Authorisation Framework

Career planning for women: a new conference

Thoughts from a presenter at the conference

AML: regulations bring new focus

New Money Laundering Regulations are coming. What will be expected of solicitors, and the Society?

Fraud and cybersecurity: are you on the ball?

Cybercrime is a constant threat. An effective risk management strategy involves not only preventive measures but also knowing what to do if the worst happens

Ask Ash

Advice column: I moved firms on qualifying, but now just want to leave again. Is it too soon?

Incidental financial business licence: the widening scope

Does my firm need to apply to the Law Society of Scotland for an incidental financial business licence? The Professional Practice team answers

Love me, love me not?

The Word of Gold: new research challenges top law firms’ assumptions about the state of their client relationships – but do its own conclusions go far enough?

Appreciation: Kirk Murdoch

Tribute to the late managing partner of McGrigor Donald, and chairman for Scotland and Northern Ireland of Pinsent Masons

Expert Witness Index 2017

A guide to the experts featured in the Law Society of Scotland's online expert witness directory

All in together

"Hot-tubbing", or concurrent expert evidence, has been used for the first time in a Scottish civil court case. Is the experience likely to be repeated?