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From the archives - June 2017

Neutrality policies in commercial companies

A Brussels-based adviser analyses the CJEU’s decision on wearing religious symbols at work, against the conflicting advocate general opinions, and offers an insight into the practical implications

Court IT: the young lawyers' view

A trainee litigation lawyer welcomes the recent rolling out of court wifi access, and looks forward to further IT developments against the findings of a related SYLA survey

Human rights: answering to the UN

As the UK Government awaits the outcome of the UN Universal Periodic Review of its performance on human rights, this article highlights some of the concerns raised in reports to the review panel

Galo and fair trial: which way for Scotland?

The Northern Ireland decision Galo v Bombardier Aerospace UK is a groundbreaking one for the treatment of disabled people in court – but is it going to be followed elsewhere in the UK?

Secondary victims in clinical negligence

The scope for claiming nervous shock as a secondary victim in clinical negligence cases, in light of a recent Court of Appeal decision regarding injury sustained during childbirth

Reading for pleasure

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

Opinion: Alan W Robertson

The postponed commencement of part 1 of the Criminal Justice (Scotland) Act 2016 provides a welcome opportunity to clarify legal aid issues regarding advice to people held at police stations

Book reviews

Review of Mental Health (Hale)

Profile

Adrian Ward, convener, Mental Health & Disability Subcommittee reflects on his long experience

President's column

The Society I have got to know is a very different creature from what I thought when I joined Council, and I want to hear from members, in my time in office, how it can benefit you as much as possible

Twin tracks to completion

Registers of Scotland page: rolling out Keeper-induced registration, and extending voluntary registration to commercial property, are the latest moves towards completion of the Land Register

People on the move

Collected news of new appointments and practice changes

Court of the nations

As the UK Supreme Court comes to Edinburgh to hear Scottish appeals, Lord Reed JSC speaks to the Journal about what has changed at the final appellate court since the days of the House of Lords

Second time around

HBJ Gateley is now Addleshaw Goddard. But what happened to its previous alliance? The Journal talked to senior partner Malcolm McPherson about cross-border mergers, the market, and business planning

How to avoid a summer tax scorcher

In association with Wesleyan: how SMEs and self-employed workers can avoid cash flow problems over tax payments due this summer

Humani nihil alienum: a call to equality

The Lord Justice Clerk's address to the “Equality Means Business” conference sets out the equality challenges still facing the solicitors' profession, and the importance of equality to its role in society

Sheriff commercial procedure: count 10

Is the sheriff court commercial procedure being used for as many actions as it could? A sheriff suggests 10 advantages to solicitors yet to adopt it

Taking a pay cut: fair to refuse?

Is it unfair to require an employee to accept a pay reduction when a business faces trading difficulties? Advice on the proper approach to this recurring issue, having regard to the case law

Fine to park here?

The popular belief that private parking schemes are unenforceable in Scotland has been hit by two recent cases. The author surveys the current position, which may require legislative intervention

Enter the Bowen reforms

An overview of the new legislation, along with latest criminal cases on desertion; video evidence; Moorov rule; jury directions; appeals; sentencing for firearms

Home grown

Intellectual property briefing: cases before the Scottish courts this year have raised a number of issues, most notably in the litigation over the use of the “Tartan Army” brand

Limited partnerships: a new breed

Corporate briefing: the newly enabled private fund limited partnership relaxes the rules for a limited partnership comprising a collective investment scheme

Salvesen fallout: the latest round

Agriculture briefing: a Court of Session judge has accepted only to a limited extent tenants' rights to compensation following the remedial order giving effect to the Salvesen v Riddell judgment

Gambling in football – the Scottish perspective

Sport briefing: the Scottish Football Association has had to deal over the past season with a number of breaches of its strict rule against gambling on football. What approach should be taken?

Scottish Solicitors' Discipline Tribunal

Reports relating to Alan Susskind and Cameron Fyfe

Changing sides

Professional regulation briefing: does a solicitor owe a duty of loyalty to a former client? The Inner House has ruled against the existence of a general rule, but the point is controversial

Business drivers

Teambuilding, and how a legal team can power an organisation's success, was a principal theme of this year's annual conference organised by the In-house Lawyers' Committee

CCBE comes to Edinburgh

The Council of European Bars & Law Societies held its plenary meeting in Edinburgh, under its President, Ruthven Gemmell

"Find a solicitor" gets an upgrade

The search tool for solicitors and legal firms on the Society's website is being improved

Law reform roundup

Recent public policy work of the Society's committees, including Domestic Abuse Bill; Great Repeal Bill; beneficial ownership register; pensions; protecting NHS whistleblowers

Thoughts on a frenetic year

The Society's annual general meeting saw no controversies, but much evidence of another eventful 12 months

Check those bank instructions

My client has sent me an email with instructions that their bank details have changed. Can I accept these instructions? The Professional Practice Team answers

Fraud alert – ongoing bank frauds identified

An alert from Lockton, the Master Policy brokers

AML: sizing up the risk

A further briefing on the forthcoming Money Laundering Regulations, in particular the new requirement for a firm risk assessment

Master Policy Renewal: what you need to know

As the Master Policy renewal process begins, Lockton highlights some actions to take now to help things run smoothly, and some changes to look out for

Without prejudice

One of the founders explains the need for The Glass Network and its #TheseAreOurPrinciples campaign, which launched last month

What's the measure of a ruler?

The Word of Gold: a study from across the Pond gives fresh insights into what separates the best leaders from the rest

Ask Ash

Advice column: there are rivalries between managers here, and I'm feeling caught in the middle