Back to top
From the archives - April 2018

Fair instructions?

The fuller article on the disadvantages experienced by women at the bar, and what solicitors are urged to do to help tackle the problem

“The peasants have no bread”

The fuller version of this month's opinion article in which the author illustrates just how little return a fairly standard summary criminal legal aid case can bring

Bad weather – adverse consequences?

Should employees be penalised for not attending work when bad weather is disrupting travel? This article argues that they may have certain rights, but the law needs clarified

Defending children’s human rights in Scots law

A preview of Clan Childlaw's 10th anniversary conference, by highlighting some current issues likely to feature on the agenda

Scottish income tax – where are we now?

A quick summary of how the Scottish income tax rate has diverged from the UK rate each year since power was devolved to set Scotland's own rate

Appreciation: Professor Emeritus Alexander John ("Alastair") McDonald

The full appreciation of the much respected solicitor and Professor of Conveyancing at the University of Dundee: born 15 March 1919; died 22 March 2018

Reading for pleasure

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

Opinion: Gordon Addison

The independent review of legal aid found “no persuasive evidence” to support a general increase in fees, but does this stand up to scrutiny when tested against real cases?

Book reviews

Review of The Spaces of Justice: The Architecture of the Scottish Court (Robson and Rodger)

Profile: Paul Mosson

Paul Mosson is the Law Society of Scotland’s executive director of member services engagement

President's column

So many rural firms are crying out for solicitors to go and work for them, and take it from me, rural practice can provide a great life as well as a rewarding career

RoS welcomes new Keeper

Registers of Scotland page: Jennifer Henderson succeeds Sheenagh Adams; Digital Regulations changes

People on the move

Collected news of new appointments and practice changes

Fair instructions?

Despite advances in the position of women at the Scottish bar, they remain at a disadvantage regarding both frequency of instruction and remuneration. What is being done, and how can solicitors help?

Law: not just a profession, but also a business

In association with Insight Legal: financial trends, and how firms can track them

Buying in and backing off

So you commit to change your organisation, but it doesn’t happen. Why not? This feature explains how to tackle two main obstacles, winning “buy-in” and knowing when to back off

Tax and the common touch

After three years of operation, how is Revenue Scotland meeting the challenges it faces? Chairman Keith Nicholson and chief executive Elaine Lorimer talk about its work, and engagement with solicitors

Needs of the user

Legal aid must work for those who need it – but how to respond to the independent review’s proposals to achieve that aim? The Society comments on the report, and appeals for members’ input

Where did the money go?

As ownership of cryptocurrency increases, so does the prospect of it forming part of an estate on death. The author considers the legal and practical issues that arise for executors and their advisers

Five FOI tips every lawyer should know

Freedom of information requests are straightforward, right? Actually, lawyers frequently go wrong when seeking information for clients, and the Scottish ICO highlights five common errors

AI – the legal and ethical minefield

In association with Thomson Reuters: Tech has the power to do good, but can it harm as well?

Too long, too long?

Latest criminal cases, including sentencing; domestic abuse; confiscation of assets; dangerous dogs

Times still a-changin' in '18

Licensing briefing: three major legislative changes, each relating to a different aspect of the law affecting the licensed trade, will be in force by next month

An infrastructure levy for Scotland

Planning briefing: an introduction to the proposed levy on new development to support infrastructure provision, with a look at how a similar charge has operated in England & Wales

Tax changes to termination payments

Tax briefing: changes from 6 April 2018 to the tax treatment of termination payments will bring some elements into a tax charge that were previously covered by exemption

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

Tide runs for lenders

Property briefing: After a scare last year caused by OneSavings Bank v Burns, rulings on the validity of assignations of standard securities have favoured the mortgage lending industry

Passing on a pension to the right person

In association with Tilney: keep your beneficiary nominations up to date

Know your FTAs

This guest article to coincide with the biennial summit of In-house Counsel Worldwide in Toronto explains the value of using trade agreements to gain a competitive edge in the global marketplace

Scots to co-host ICW in Toronto

Global summit of in-house counsel has "Beyond Borders" theme

Office of the Public Guardian: EPOAR and more

An update on current and forthcoming changes at OPG

Public policy highlights

Recent work of the Society's policy committees, including Brexit; Scottish Crown Estate Bill; Data Protection Bill

Our survey said...

Solicitors continue to put the Law Society of Scotland’s regulatory role as its most important, while also rating its member services, as the Society reports from its latest member survey findings

Q & A corner

Professional Practice advice: what duty is there to check whether a client has been sequestrated; and whether it is misconduct to have a sexual relationship with a client

A profit without honour

The Word of Gold: nothing is more expensive than having the wrong values

Appreciation: Professor Emeritus Alexander John ("Alastair") McDonald WS

The edited version of the obituary for the solicitor and Professor of Conveyancing at the University of Dundee

Ask Ash

Advice column: my manager has been treating me badly since a client preferred my advice

ASPIC finds its feet

The risk management article tracks practice developments to date in the All Scotland Personal Injury Court, and warns of the need for solicitors to keep abreast of what the court expects of them

Pushing for change

Comments from the Law Society of Scotland on the main points in its annual report for 2016-17, now available online