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From the archives - November 2018

Salaried but not employed

A discussion of the recent Scottish case on whether a salaried partner in a legal firm was an employee able to claim unfair dismissal, and its significance for private practice

Brussels and Brexit: the end of the beginning

A survey from the Society's Brussels Office of the possible next steps in a critical month for the Brexit negotiations

The art of rectification

Two recent cases in which the author was involved suggest that the Keeper is not properly applying the statutory provisions on rectification of the Land Register

Affidavits in family actions: the new practice

Some points for practitioners to beware of when drafting or notarising an affidavit, arising from the recently introduced Court of Session practice note

Overseas but under the law

Review of a case which has clarified issues including rights of appellate review, relevant factors, and territorial scopes for different rights, in relation to employees working overseas

Share schemes: the key to unlocking business success?

Share incentive schemes for employees are an effective, but underused, way of increasing both their productivity and their commitment to a business

Reading for pleasure

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

Opinion: Laura Connor

While the proposed redress scheme for survivors of in-care childhood abuse is to be commended, it will not bring full financial justice, and survivors will still need the help of specialist lawyers

Book reviews

Review of Lord Hope's Diaries: Lord President 1989-1996

Profile: Waqqas Ashraf

Criminal defence solicitor Waqqas Ashraf is one of the Council members for Greenock, Kilmarnock & Paisley

President's column

The Society opposes the Roberton proposal to create a new regulatory body as risking the strong public protections and high standards we now maintain, which underpin the profession’s global reputation

Ayr-Zetland: the tour continues

Registers of Scotland page: Keeper's tour; ScotLIS; arrear update

People on the move

Collected news of new appointments and practice changes

Heading for a split?

The report of the independent review under Esther Roberton has called for a new single regulator covering all legal services. What is her thinking, and what have been the reactions to date?

Brexit: a role for judicial review

How does the decision to seek a ruling of the EU Court on withdrawal of notice to leave the EU sit with traditional views of the role of the courts? The author considers it an enlightened approach

Human rights: closing the gap

Economic, social and cultural rights – the human rights that mean most to those in need – have in Scotland the weakest means of enforcement. A new report explores ways to remedy this

Switching on to electric cars

As the legal framework, and infrastructure to support the use of electric vehicles develops, this feature surveys what is now in place and the major changes needed ahead of planned growth in their use

Excellence in many guises

Some highlights from a full day with an impressive programme: this year’s Leading Legal Excellence conference

Legal IT: from potential to progress

If 2017 was a year of innovations in legal IT, 2018 has been a case of starting to make things happen in practice: the authors survey the scene for the Journal’s annual IT overview

How to get law firm stakeholders to invest in legal technology

In association with Thomson Reuters: evidencing to decision makers that investment will improve business outcomes is crucial

End of the road

Latest civil cases, including appeals; party litigants; limitation; executors; locus delicti; remit to Court of Session; concessions; commercial actions; skilled witnesses; family actions

Deficiencies of process v disability discrimination

Employment briefing: defective procedures of employers which concern disabled employees are not necessarily discriminatory on grounds of disability, the Court of Appeal has held

Family lawyers and the sleuth client

Family briefing: what approach should be taken to covert recordings taken by a parent involved in a child care dispute? The question has already come before the English courts in a number of cases

Sending the right message

Human rights briefing: the UK Supreme Court in the “gay cake” case has attempted to draw a line between different rights, but the application of the decision has still to be worked out

Pension transfers: protecting people from themselves

Pension briefing: two Ombudsman decisions show the extent of the onus on others to protect members in a pension transfer process

Scottish Solicitors' Discipline Tribunal

Report relating to Ian James McDougall

Missives: the third way

Property briefing: the third – and latest – edition of the Scottish Standard Clauses is now available. The working party explains how they have been updated to reflect current practice

Variety in squeezed times

It’s the diversity in the job that makes the difference, says this month’s in-house interviewee, describing local government life in the Highlands in an age of spending cuts

Public policy highlights

Recent work of the Society's policy committees, including cohabitants' rights; consumer body for Scotland; Brexit; Gender Recognition Act

New year, new plan

With the start of its 2018-19 practice year, the Society has published its latest annual plan containing its key projects for the year. Here are the highlights

Mentoring scheme moves up a level

How and why the Society's mentoring scheme is undergoing expansion, and how you can become involved as a mentor or mentee

Ask Ash

Advice column: how do I cope with a colleague who thinks she is my boss?

(Re)Setting the clock – the breeze that caused a storm*

The risk factors surrounding the prescription of obligations under the present law, and the likely future position under the Prescription (Scotland) Bill

Paralegal pointers

Dundee conference report; Registers of Scotland; coming events

The quest for innovation

The Word of Gold: innovation is nothing new, but it’s never been more important

Appreciation: Murray Alexander Sinclair

Tribute to the late Solicitor to the Scottish Government