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From the archives - July 2018

Cross-border maintenance claims: a sprint and a marathon

A mismatch between the intra-UK jurisdictional rules for divorce and for maintenance, highlighted by a Court of Appeal decision, means advisers must tread carefully

Community right to buy: the new scope

Communities now have a right to buy land that is abandoned or neglected, even if the owner has no intention of selling. This article describes the process and the tests to be applied

Missives: time to add a penalty

Following his client suffering serious health problems due to stress caused by failed property transactions, a solicitor makes a plea for the profession to take urgent corrective action

A tall but true tale: Charles Byrne, the Irish Giant

The authors argue that it is time a London museum released the remains that were unlawfully snatched on the way to a man's funeral

Toronto: the Scottish perspective

The fuller account of the main issues of interest arising from the In-house Counsel Worldwide Summit in Toronto

Reading for pleasure

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

Opinion: Amanda Ward

A bill has been introduced with the intention of increasing organ donation rates, but on experience elsewhere it needs to be part of a multi-faceted strategy to have an impact

Book reviews

Review of The Secret Barrister

Profile: Heather McKendrick

Heather McKendrick is head of Careers and Outreach at the Law Society of Scotland; her projects include the debating tournament, career mentoring and Street Law

President's column

Young people have given me the best experiences of my first month: the Donald Dewar Debate, the Law Clinic conference and the latest admission ceremony indicate a promising future for our profession

Keeper addresses key issues

Registers of Scotland page: Keeper acknowledges an applications backlog, and outlines action being taken

People on the move

Collected news of new appointments and practice changes

250 and counting

His firm is marking 250 years, but Shepherd and Wedderburn’s chief executive Stephen Gibb knows that what comes next is what really matters. He tells the Journal how he sees the changing market

Keynote legal excellence

An impressive lineup of keynote speakers will appear at this year’s Leading Legal Excellence, the Society’s annual conference – headed by the President of the UK Supreme Court

Strategic thinking?

An open letter to Martyn Evans, of the independent strategic review of legal aid, challenges the reasoning behind the conclusion that there was no evidence to justify a general increase in fees

Recovery of electronic documents: time for guidance?

This follow-up to the Commercial Court Conference 2018 (an edited version) argues that there is a need for guidance dealing specifically with recovery of electronic documents in commercial actions

The perils of parking

Although in ParkingEye the Supreme Court set tests for the recovery of parking penalty charges, subsequent lower-court decisions appear to have significantly widened the rights of parking operators

Judicial appointments: the concerns remain

Did the chair of the Judicial Appointments Board for Scotland make a convincing case for the Board’s selection processes in her Journal interview last month? One solicitor thinks not

Undefended claims: the limits of intervention

Latest civil cases, including simple procedure; skilled witnesses; contempt; legal aid; pleadings; jurisdiction; diligence; reponing; default; foreign law; tenders; sanction and other expenses; appeal

Statutory guidance: it’s coming back

Licensing briefing: after 11 years, and some recent less formal guidance, the Scottish Government is preparing new statutory guidance for licensing boards. But will it heed practitioners' concerns?

LBTT group relief: a retrospective fix

Tax briefing: the longrunning uncertainty over the retrospective application of LBTT group relief where the transferee company has granted a pledge of its shares, is finally to be resolved

Putting the squeeze on rejections

Property briefing: ongoing efforts by Registers of Scotland, working with the profession, to cut the number of rejected applications are having results, and the new application form should also help

Community right to buy land: a PSG update

The Property Standardisation Group has amended some of its documents to take account of the new community right to buy abandoned or neglected land

The Planning Bill: a case for further development

Planning briefing: with the Planning (Scotland) Bill having passed stage 1, this article highlights the calls made for amendments at stage 2 and the Scottish Government’s response

Legal's leading role

The 2018 In-house Annual Conference provided plenty of stimulating content for individuals and teams striving to keep up with legal and regulatory changes affecting their sector

Global picture

In-house counsel the world over are facing similar challenges: the message from this year’s World Summit in Toronto

ICW: the Scottish perspective

The Scot invited to co-chair the ICW summit reflects on the standout themes from the conference for him

First-time buyer relief: a Revenue Scotland update

The new relief created by the higher first-time buyer threshold, and how to claim it

Public policy highlights

Recent work of the Society's policy committees, including Scottish Crown Estate Bill; insolvency and corporate governance; prescription; inheritance tax

Scots host four-way golf international

Report on this year's quadrangular match, and an invitation to join in future events

Conveyancers beware!

The Court of Appeal ruling in Dreamvar, which imposed liability on both parties’ solicitors for a fraud committed by one party, the implications, and mitigating actions conveyancers might consider

Ask Ash

Advice column: I've learned that someone I don't get on with is battling cancer. How do I react?

Expenses: a bone of contention

Disputes continue to arise over the recovery of judicial expenses where there has been a change of agent during litigation. The Professional Practice team advises dealing with the issue at the outset

R is for... ?

You are a principal whose thoughts are turning to retirement, but what are your options? All of them involve forward planning to achieve a smooth landing

Paralegal pointers

Details of the Scottish Paralegal Association’s autumn conference in Dundee are revealed here, along with plans for other CPD events, formal and less formal