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From the archives - March 2018

Borrowings, partner capital and profitability

Using illustrative examples, this article explains three key ratios that banks use to assess the profitability of their law firm clients

GDPR and the cloud

What will be the impact of the GDPR on cloud providers to legal firms? This article explains the points that should be covered in a service contract to ensure a firm's compliance

Employment claims: is the flood still to come?

Discussion of the impact of the abolition of employment tribunal fees, and the likelihood of a deluge of historic claims

Contributory fault: drivers, cyclists and pedestrians

A review of the recent decisions, in the wake of a UK Supreme Court ruling, assessing the degree of contributory negligence of pedestrians and cyclists injured in accidents involving motor vehicles

Reading for pleasure

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

Opinion: Derek McCabe

How accessible are human rights for people with addiction, and/or mental health disorders? Simplistic labelling impacts on their ability to obtain help, and legal advisers can play a support role

Book reviews

Review of The Scottish Parliament (Lazarowicz and McFadden)

Profile: Siobhan Kahmann

Brussels-based Siobhan Kahmann is the first ever Council member for Scottish international solicitors

President's column

“Solicitor” or “lawyer”? We, and the public, use them interchangeably, and if confusion is to be avoided as to the client protection available, the use of each must be controlled to the same extent

Application changes coming

Registers of Scotland page: coming changes to the application form; new feature for ScotLIS

People on the move

Collected news of new appointments and practice changes

Seeking a better way

The Independent Review of the Regulation of Legal Services has issued its call for evidence. What has it learned so far and what are its main areas of interest? The Journal meets Esther Roberton

Beyond borders

Leading Scottish legal firms have combined to launch a venture designed to increase global opportunities for all practices with ambitions to branch out

Drawings and profitability

The significance of the “make and take” ratio as a measure of a legal firm’s financial stability

Enforceable rights or progressive policy goals?

An edited version of the online article on recognition in Scots law of the socio-economic rights set out in the 1976 International Covenant on Economic, Social and Cultural Rights

Conflict theory: it works

In association with Core Solutions: a practitioner's reflections on attending an event led by John Sturrock and international mediator Ken Cloke

What the liquidators don't tell you

Failure to follow set procedure for a collective redundancy can give rise to a right to a protective award – not always disclosed to employees. What can be claimed, and who pays?

The office on the move

In association with Insight Legal: how to beat the weather, or otherwise stay connected with your work

Please can we have some more?

The independent review of legal aid recognises the profession’s contribution, and its concerns – but fails to support a general rise in fees. We highlight its conclusions, and some initial reactions

Health check for doctors' lines

Latest civil cases, including failure to appear for medical reasons; dispensing power; expert witnesses; appeals; expenses; heritable actions

When creditors come first

Corporate briefing: a new appeal decision has emphasised the need to ensure adequate consideration on a disposal of assets if there is little prospect of a company continuing to trade

Keeping goods exclusive

Intellectual property briefing: the CJEU has affirmed that a manufacturer of luxury goods can impose certain restrictions on the outlets through which they are sold online, as well as on retail stores

Tenant Farming Commissioner: the story so far

Agriculture briefing: a review of the work to date of the Tenant Farming Commissioner, who officially took office almost a year ago

HSE appeals: experts allowed in

Health and safety briefing: a UK Supreme Court decision has opened the door to expert evidence in appeals against prohibition and improvement notices

Scottish Solicitors' Discipline Tribunal

Report relating to Yvonne Robbie

Please don't stop the music

Planning briefing: there are moves to enhance the “agent of change” principle to prevent new developments threatening the future of noise-generating premises – but should it affect only music venues?

Broadcasting's business end

This month’s in-house interviewee brings an IT as well as legal background to his senior role with BBC Worldwide, the organisation’s commercial arm

Public policy highlights

Recent work of the Society's policy committees, including Brexit; policing and criminal justice; forestry and land management; Planning (Scotland) Bill

Scam warnings escalate

Scam emails claiming to be from "Law Society" are only the latest in a series of recent attempted frauds on solicitors

This time it's personal

The Word of Gold: be yourself – that’s what clients are buying

The game's not a bogey!

Professional job satisfaction: despite increasing pressures, there remains a demand for “good lawyers”, and sustaining a supportive legal community will help develop the qualities needed to thrive

"Only amateurs attack machines; professionals target people"

Our risk management article highlights the plethora of fraudulent attacks now being launched against law firms and how people are the crucial element to their success or failure

When estate agents need client ID

Do I have to give my clients’ ID to an estate agent? The Professional Practice team advises on this now regularly-asked question

Banks, client accounts and the Money Laundering Regulations

From the Professional Practice team: the UK Law Societies are in discussions with the banks over due diligence requirements as respects client accounts

Third party rights: what now?

The Society’s Property Law Committee has been considering how the Contract (Third Party Rights) (Scotland) Act 2017 will affect the property sector

Ask Ash

Advice column: I'm being picked on just because I was off ill