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From the archives - August 2018

Acting in the best interest of the company?

New reporting rules for larger companies regarding directors' actions and remuneration will require information to be collected from the new year onwards

Social housing: the ground rules change

Part 2 of the Housing (Scotland) Act 2014 is finally to come into force next year, making important changes both as regards allocation of, and tenancy agreements concerning, social housing

Supporting your EU staff

What can employers do now to help support their EU employees? Prepare for the scheme to secure residence that the Home Office will shortly provide

Sands run out on offshore interests

Taxpayers now have less than two months to ensure their affairs in relation to any offshore assets are in order as respects HMRC, or face severe penalties

Familiar faces not welcome

Is the guidance as to who may act as an appropriate adult at police station interviews unduly restrictive in relation to mental health support workers? The author shares an experience

Reading for pleasure

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

Opinion: Pol Clementsmith

All users of the internet should be concerned at the potential for unseen controls over what is available online that would be created by article 13 of the proposed EU directive on copyright

Book reviews

Review of Civil Jury Trials (Hajducki)

Profile: Robert Rennie

Among many other roles, Emeritus Professor Robert Rennie is a Lawscot Foundation student mentor

President's column

Visiting the Society’s Brussels Office let me see the extent of activities carried on there – and meet our local members and their foreign counterparts, all to maintain links in a changing future

Moving from Registers Direct to ScotLIS

Registers of Scotland page: ScotLIS is about to supersede the Registers Direct service

People on the move

Collected news of new appointments and practice changes

Good on paper?

The Prime Minister’s Brexit white paper has provoked a political storm in the UK, but what issues does it raise for the EU? Our feature considers the main points of contention, at home and abroad

When 1 + 1 = 3

The author, a keynote speaker at this year’s Law Society of Scotland conference, found in research that law firms need to break out of practice “silos” to maximise client retention – and revenue

Voice of the child

Following the consultation on the regulation of disputes concerning a child, the author describes her research into the effectiveness of different methods of hearing children’s views in court

Curators ad litem: who pays, and for what?

An Edinburgh case regarding the fees of curators ad litem in child cases has led to proposals that could be considered in other sheriff courts

Limits of a course of conduct

Latest criminal cases, including withdrawal of culpable homicide; press contempt of court; Moorov rule; corroboration; attempting to pervert justice; s 275 applications; rape and reasonable belief

Asleep on the job?

Employment briefing: reversing earlier case law, the Court of Appeal has denied a national minimum wage claim by a care worker allowed to sleep when not required for duties. But is it the last word?

Affidavits – essential reading

Family briefing: a new Court of Session practice note on affidavits in family actions clarifies a number of matters where best practice has been in doubt, or subject to different interpretations

Prisoner privacy proportionality

Human rights briefing: legitimate aim and proportionality remain key in assessing interference with the article 8 right to privacy, a judge has held in the latest judicial review sought by a prisoner

Not just a matter of form for employers

Pension briefing: recent cases on “worker” status also have significant pensions implications for employers, highlighted here along with proposed further additions to the regulatory maze

Scottish Solicitors' Discipline Tribunal

Report relating to Peter Manson Robertson

Keep your beneficiary nominations up to date

In association with Tilney: reviewing your pension is an important part of financial planning

See-through titles: setting the scene

Draft regulations for the operation of the new statutory Register of Controlled Interests in Land are out for consultation. What impact are they likely to have on property law practice?

In-house traineeships: time for an in-depth look

New research is to be undertaken by the Law Society of Scotland to analyse in-house trainee data, in order to form a clearer picture of whether more traineeships could be provided

Public policy highlights

Recent work of the Society's policy committees, including Brexit: trade and foreign investment; limited partnerships; post-Brexit migration policy; rural interests

Paralegal pointers

A note of coming Scottish Paralegal Association events this autumn

Police interview advice: a skill to learn

Too few suspects are receiving proper legal advice in relation to police station interviews, a JUSTICE Scotland report has concluded. The Society is offering training in the necessary skills

Swimming, not sinking

The first of a two-part article from Lockton provides a reminder of the benefits that can be derived from well-considered engagement letters

The lawyer and the geek

Given the amount of client money their firm is likely to hold, those in charge have no option but to concern themselves with the more technical aspects of management

Ask Ash

Advice column: was I right to refuse to help with a colleague's loan?