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From the archives - February 2018

Enforceable rights or progressive policy goals?

Socio-economic rights as set out in the 1976 International Covenant now feature in Scottish legislation in the context of land reform. This article considers how they might be recognised in the law

Data processors beware: GDPR holds you responsible too

Law firms are data controllers for the purposes of the GDPR, in force from 25 May, but will also have many dealings with data processors. Who are they and what new obligations will they come under?

Insolvency in a post-Carillion world

In the wake of the Carillion liquidation, this briefing offers a top 10 list of issues for employers, professionals and the supply chain to consider in the event of main contractor insolvency

Employee ownership: a strategy that fits

A leading expert explains the advantages of employee ownership and the growing interest in the subject, shown at a recent event in Scotland at which he spoke

A mediation Act? The Irish experience

A solicitor and mediator believes Scotland would benefit from having a Mediation Act such as that recently passed in the Irish Republic

Journal magazine index 2017

Your reference guide to material published in the paper issues for 2017

Reading for pleasure

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

Opinion: Andrew Tickell

The new domestic abuse law received cross-party support, but while legislation in this area was necessary, does it go too far in not setting thresholds for what behaviour should be criminalised?

Book reviews

Review of Cretney and Lush on Lasting and Enduring Powers of Attorney


Non-solicitor member of Council Susan Carter is involved with the financial benchmarking survey; this year's survey opens this month

President's column

The patchwork of legislation regulating the profession has too many holes. The Society has submitted proposals to the independent review that we believe would help make our legal services world class

Digital progress given go ahead

Registers of Scotland page: regulations to facilitate new digital services; ScotLIS addition

People on the move

Collected news of new appointments and practice changes

Tipping point for legal aid?

The new arrest law has been the catalyst for renewed pressure on the police station duty scheme and the wider legal aid system – but little is likely to change ahead of the independent review report

Arrest: all change

A briefing on the new arrest law, its effect on police station procedures and the strains imposed on legal aid practitioners

Legal software: are you still listening to Gangnam style?

In association with Insight Legal: don't tie yourself into long-term deals

Defamation law for the digital age

The Scottish Law Commission’s recent report contains radical proposals in this area of law. Its chairman outlines the need for reform and explains the thinking behind some key recommendations

Choosing our judges: could we do it better?

Is the Judicial Appointments Board for Scotland appointing the best candidates to the bench? One practitioner thinks its procedures could be improved, to cut down on some inappropriate selections

A journey through trust compliance

Trusts have increasingly become subject to compliance legislation in recent times, requiring great care by trustees. This article highlights the principal regimes and where they differ

The Cashroom: 10 years of service

In association with The Cashroom: The Cashroom is marking the 10th anniversary of its innovative outsourced services to legal firms. What has it achieved in that time, and what is it looking forward to?

From dockets to defences

Latest criminal cases, including Moorov doctrine; sentencing: bail curfew; withdrawal of guilty plea; dockets; non-harassment orders; sex offender registration; sentencing: firearms; consent defence

Sex discrimination runs deep

Employment briefing: the news regarding the President's Club charity event, coinciding with the Fawcett Society's Sex Discrimination Law Review, emphasises the deep seated issues the report raises

Wealth not a bar to s 28 claims

Family law briefing: a post-cohabitation capital payment award has been made in a case where both parties had substantial means, on findings that there were disadvantages to be compensated

No spying on the job

Human rights briefing: the European Court of Human Rights has determined that covert surveillance of employees in the workplace constitutes a breach of privacy rights

Scottish Solicitors Staff Pension Fund: not the final instalment?

Pension briefing: a decision on liabilities to the Scottish Solicitors Staff Pension Fund has clarified some issues regarding transmission, while leaving other points for future debate

Scottish Solicitors' Discipline Tribunal

Report relating to Torquil MacLeod

The Clark Foundation for Legal Education

Applications for 2018 grant/scholarship invited

LBTT's birthday alert

The three-year anniversary of land and buildings transaction tax on 1 April 2018 means that non-residential tenants begin to come under an obligation to submit periodic lease review returns

Doing all the white stuff

Handling all the legal-related work of First Milk, this month’s in-house interviewee has the interests of many individual farmers as part of his job

Solicitor's CBE for life of service

Award to Andrew Robertson, former senior partner of TC Young

From the Brussels office

Recent EU developments: new rules giving tax authorities access to data about companies and trusts are now in force

Paralegal pointers

The SPA can help if you struggle for CPD

Public policy highlights

Recent work of the Society's policy committees, including Brexit; Offensive Behaviour etc (Repeal) Bill; court fees; Competition & Markets Authority

The kindest cut

The Word of Gold: saving expense sounds less exciting than boosting turnover, but done well, there’s nothing dull about its effect on profits

Wish list for the review

The Law Society of Scotland has presented its recommendations for reform to the independent review of legal services regulation. Here it summarises its approach and its main recommendations

Benchmarking: take the benefits

Solicitors’ firms should look out for the 2018 financial benchmarking survey, which launches this month

Tax evasion: don't get caught up

The Criminal Finances Act 2017 introduces a new corporate offence of failing to prevent tax evasion. This Lockton article explains details of the offence, the defence and what firms should do now

Ask Ash

Advice column: I’m unhappy in my current role but I’m fearful of accepting a temporary contract elsewhere

Time to call out harassment

What is the Society doing in response to accounts of sexual harassment within the solicitor profession? Here it offers some advice for firms, and individuals

Q & A corner

Professional Practice advice: when to retain old principal wills; and what to do with residual client balances