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From the archives - September 2017

Talaq and the growing challenge of overseas divorces

The Indian Supreme Court decision annulling a talaq divorce shows the importance of looking into foreign orders sought to be founded on in Scotland

Too close to the wind?

Extended version of the intellectual property briefing on the UK Supreme Court decision in Actavis UK v Eli Lilly: when does a variant on a patented item infringe that patent?

The Land Register: two ticking timebombs

A solicitor airs his concerns over two matters of practice at Registers of Scotland which, he believes, have the potential to cause serious difficulty for clients

Adult ADHD: a performance management issue

Employees with adult ADHD may be very able but also pose issues for their management that if not properly handled may in some cases risk a disability claim

Reading for pleasure

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

Opinion: Sandra McDonald

There is a risk of misuse of financial powers granted by power of attorney, but while it should be considered whether safeguards can be strengthened, the regime should not become unduly restrictive

Book reviews

Review of Planning (Collar)


Janet Rieu-Clarke is the Society’s accredited paralegal and the newest member of the Professional Practice team

President's column

Headline incidents of violence during August, and the various reactions, to my mind indicate the importance not only of the rule of law but of ensuring justice at home as well as promoting it abroad

ScotLIS enters user test phase

Registers of Scotland column: beta testing on ScotLIS; Land Register rules

People on the move

Collected news of new appointments and practice changes

Priced out of justice

The UK Supreme Court judgment on employment tribunal fees has boosted the principle of access to justice. Our feature considers how the court reached its decision, and some practical consequences

The residence nil rate band – are your clients affected?

In association with Tilney: some circumstances in which the additional allowance cannot be claimed

State aid outside the EU

The law on state aid, an important part of the EU legal regime, will still have a significant role to play post-Brexit, even if the form it will take remains unclear

IP actions at the Court of Session

The author's research project examining intellectual property litigation offers new insights for practitioners into the Court of Session’s IP caseload, and comparisons with courts elsewhere

Give me liberty or give me a welfare attorney

Is a welfare power of attorney sufficient where a person lacking capacity does not agree with their care arrangements? Why do public authorities increasingly insist that a welfare guardian be appointed?

Personal injury trusts and professional trustees

Does a recent English case affect personal injury trust practice in Scotland? And what lessons does it have for professional trustees and other practitioners?

How to protect your firm and your clients from email fraud

In association with Frama: a new secure email encryption service will help combat cybercrime without a cumbersome process

Court to child: a different approach

Despite efforts to hear the views of children in court decisions affecting them, there is no special method for communicating the ultimate decision. Could one sheriff's initiative provide a benchmark?

Who can appeal a contempt ruling?

Latest civil cases, including contempt of court; expenses; caution; expenses as condition precedent; appeals; waiver; excuse for failure; expert evidence; family cases

Moveable property: reform at last?

Corporate briefing: the Scottish Law Commission has carried out a final consultation on draft legislative reforms covering assignation of and security over moveable assets

Too close to the wind?

Intellectual property briefing: a decision of the UK Supreme Court on the test as to whether a variant on a patented item infringes that patent, may have a significant impact on future cases

Limited partnerships and the PSC register

Agricultural briefing: Scottish limited partnerships set up in connection with an agricultural tenancy are among those caught by new regulations requiring registration of certain controlling interests

Scottish Solicitors' Discipline Tribunal

Reports relating to David William Nightingale; James Gerad Moore; Paul Thompson

Recent changes to the PSG offer to sell

Property briefing: the Property Standardisation Group has revised its offers to sell to take account of community empowerment rights, and in light of advice received on the environmental clauses

Assigned standard securities

Property briefing: an Outer House decision has taken a different line on the requirements for assignation of a standard security to that of the sheriff in OneSavings Bank v Burns

On our own feet

Our in-house interviewee heads an award-winning legal advisory team at a bank which last year completed a demerger from its parent group – the awards recognising the team’s role in the process

OPG tackles rising demand for PoAs

Appeal to solicitors to help cut rejection rate

Law reform roundup

Recent public policy work of the Society's committees, including Brexit: judicial and administrative proceedings; physical punishment of children; civil litigation expenses; moveable transactions

PI court timetable amended

Timings altered for certain procedural steps in All Scotland Court

Reception greets Accredited Paralegal scheme

Move to new status aims to recognise expertise and standards of paralegals

Making paper history

A sole principal follows up his article on doing your own cloud computing with his experience of moving to paperless, and the benefits it brings

Your Law Society of Scotland Council members

The full list of current members, elected, ex officio, co-opted and non-solicitor

Master Policy renewal: it's easy online

It’s time to be getting on with your Master Policy renewal, if you haven’t already. Lockton provides some tips on using the new online process

Ask Ash

Advice column: serious pressure of work after returning from maternity is becoming too much for me

AML risks and company services

The new anti-money laundering regulations impose particular requirements on those who help clients form companies or other legal persons – whether or not client funds are handled in the process

Thinking of getting engaged?

The Word of Gold: in every business, the best ideas are often to be found in the most unexpected places

Q&A corner

Advice from the Professional Practice team on cheque clearing changes, and charity bequests