From the archives - February 2018
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
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?
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
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 solicitor and mediator believes Scotland would benefit from having a Mediation Act such as that recently passed in the Irish Republic
Your reference guide to material published in the paper issues for 2017
This month's selection of leisure reading, chosen by the Journal's book review editor
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?
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
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
Registers of Scotland page: regulations to facilitate new digital services; ScotLIS addition
Collected news of new appointments and practice changes
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
A briefing on the new arrest law, its effect on police station procedures and the strains imposed on legal aid practitioners
In association with Insight Legal: don't tie yourself into long-term deals
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
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
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
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?
Latest criminal cases, including Moorov doctrine; sentencing: bail curfew; withdrawal of guilty plea; dockets; non-harassment orders; sex offender registration; sentencing: firearms; consent defence
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
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
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
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
Report relating to Torquil MacLeod
Applications for 2018 grant/scholarship invited
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
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
Award to Andrew Robertson, former senior partner of TC Young
Recent EU developments: new rules giving tax authorities access to data about companies and trusts are now in force
The SPA can help if you struggle for CPD
Recent work of the Society's policy committees, including Brexit; Offensive Behaviour etc (Repeal) Bill; court fees; Competition & Markets Authority
The Word of Gold: saving expense sounds less exciting than boosting turnover, but done well, there’s nothing dull about its effect on profits
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
Solicitors’ firms should look out for the 2018 financial benchmarking survey, which launches this month
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
Advice column: I’m unhappy in my current role but I’m fearful of accepting a temporary contract elsewhere
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
Professional Practice advice: when to retain old principal wills; and what to do with residual client balances