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From the archives - August 2017

Remedying problems with remedies

The extended version of this month's opinion article examines the Scottish Law Commission discussion proposals on remedies for breach of contract against the SLC's stated goal of encouraging performance

Asperger’s syndrome and the workplace

With a recent EAT case in mind, how might employers adjust recruitment processes in order to be fair to candidates with Asperger's syndrome, and how get the best out of employees with the condition?

Foundation for a career

The first successful applicants have been chosen for assistance under the Lawscot Foundation's programme, and some of their background stories are “inspirational”

Bereavement – beyond the policy

Discussion of the support an organisation can provide for a bereaved employee, and the factors that may be relevant to different individuals in seeking to adopt a sensitive approach

Reading for pleasure

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

Opinion: Lorna Richardson

The SLC Discussion Paper on Remedies for Breach of Contract seeks to encourage continued performance rather than termination of a contract. Would it achieve a better balance than the present law?

Book reviews

Review of Land Registration (Reid and Gretton)


Naomi Pryde represents Scottish solicitors in England & Wales on the Society's Council

President's column

Access to justice includes proper and early advice to those arrested, but that can only happen at realistic rates of pay and I am committed to pressing for these in the current review of legal aid

DPA – streamlined from start to finish

Registers’ Development Plan Approval service has been recognised with an award for supporting the new-build property market with assurances on title

People on the move

Collected news of new appointments and practice changes

Playing for high stakes

Fundamental constitutional issues are raised in the European Union (Withdrawal) Bill. The Journal offers an introduction to its key provisions, and some of the main issues highlighted by analysts

Lawyers at bay

The High Court has issued directions on taking the evidence of a vulnerable witness, with a view to ending traditional examination and cross-examination. What does it mean for trial practice?

The Power of Numbers

Solicitors are not always at home with figures, but there are ways to use them to understand what works in bringing business to your practice – and working better

Future Property Auctions sees growth in troubled times

In association with Future Property Auctions: property auctions are a growth area, and can be used for almost any type of sale

Never a dull moment

In association with Ramsay Cornish, auctioneers: in the end, it's all about people

Family firm stands on its record

In association with Lindsay Burns & Co: a firm that can offer a full range of services without involving third parties

Keeping regulators right

Can a professional regulator correct a decision in circumstances where the basis for that decision has been held to be wrong in law? In Law Society of Scotland v SLCC the Inner House provided guidance

Public benefit

“For the greater good” was the motivation of many lawyers choosing the profession. Now the Society’s annual conference seeks to re-energise that desire, with that theme running through the day

LEAP 365

In association with LEAP: legal practice management software to fully integrate with Office 365

What to do if you're raided!

Latest criminal cases, including recovery of privileged documents; vulnerable witnesses; driving disqualification; sentencing; missing CCTV evidence

Extradition, state assurances and article 3

Human rights briefing: a Supreme Court decision on the rights of persons subject to extradition proceedings appears to strike the right balance between individual rights and the interests of justice

Taylor Review: an opportunity lost

Employment briefing: the Taylor Review report contains some sound practical suggestions, but has missed an opportunity to address in a radical way the specific issues faced by women

Pensions: a formula rewritten

Family briefing: the UK Supreme Court has overturned the Inner House ruling on calculating periods of scheme membership for purposes of pension sharing, but will it have much impact in the end result?

Same sex, same pension

Pensions briefing: scheme trustees will need to review benefits payable, and funding implications, following the Supreme Court decision in Walker v Innospec Ltd, on rights of same sex couples

Scottish Solicitors' Discipline Tribunal

Reports relating to Alastair MacBean Blackwood; Alison Hazel Margaret Greer

Lease rights and the Digital Economy Act

A note for property lawyers on the consequences of the Digital Economy Act 2017 and the new Electronic Communications Code for the assignation of telecommunications leases

Extract title sheets or Registers Direct?

Advice from the Property Law Committee on relying on Registers Direct title information rather than an official extract

A new ball game

He is the sole lawyer at a startup company, but as a self-confessed “sports nut” this month’s in-house interviewee has found his dream job connecting football fans with their clubs

Walk for Access to Justice!

Time to sign up for this year's Edinburgh and Glasgow Legal Walks

Law reform roundup

Recent public policy work of the Society's committees, including EU (Withdrawal) Bill; SLC Tenth Programme of Law reform; EU rights of residence; Brexit sanctions policy

Running the SPA for you

Paralegal pointers: introducing the Scottish Paralegal Association committee for 2017-19

Handle complaints like a pro

Reflections from the SLCC: it suggests that, as the average legal practitioner can expect to be named in at least two formal complaints in their career, we look for the bright side of legal complaints

Cloud reformed

A good IT system means going through one of the reputable cloud providers? Not necessarily. A sole principal tells how his practice went for the DIY solution

Analyse this

The Word of Gold: a survey of Big Law just published across the Pond has valuable lessons for everyone

AML: Risk and the New Rules

New Money Laundering Regulations now in force mark the biggest change to the legal regime in a decade. Lockton explains the new risk assessment duties and other obligations on solicitors

Ask Ash

Advice column: my boss spends his time looking for new business; how do I find support when I need it?

Court IT – the users' view

In response to the pace of technological change in the courts, the Society has formed an IT working group, which would be pleased to hear of any related issues solicitors wish to raise

Q&A corner

Advice from the Professional Practice team on circulating clients when moving firms