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From the archives - September 2018

Confidence restored: internal investigations and legal privilege

A recent Court of Appeal ruling on the application of legal professional privilege to internal investigations has reversed a decision that had caused the profession serious concern

Court reforms: still an unknown quantity

Considering the latest Civil Justice Statistics, can it yet be said whether the civil court reforms are having an impact on the number of actions raised?

Ruled out of court?

Recent cases demonstrate the differences between the Scottish and English approaches to fraudulent exaggeration of a damages claim

Uncovering the environment

Solicitors with experience of exercising the right to access environmental information are invited to help a research project being run by the University of Dundee

Medical death: a case to answer

A General Medical Council review, to which the Society has responded, highlights the lack of clarity regarding criminal prosecutions of doctors

Reading for pleasure

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

Opinion: Kerry Trewern and Rhona McNair

Among the expectations of new trainee solicitors is now that they are “technologically aware”. But can they add that to all the other desired skills? Would you take a new Diploma course with that aim?

Book reviews

Review of Nothing so Practical as a Good Theory: Festschrift for George L Gretton (ed Steven)

Profile: Ryan McCuaig

Ryan McCuaig is about to start his Diploma at the University of Glasgow and is a member of the Lawscot Foundation fundraising committee

President's column

Meeting the leaders of the other British Isles law societies is always stimulating, and can throw up differing approaches to similar issues, from which we can all learn

Developing digital services

Registers of Scotland page: digital discharges and ScotLIS success; new application form cuts rejections; policy on trans people; arrear update

People on the move

Collected news of new appointments and practice changes

Leading judgment

Lady Hale, President of the UK Supreme Court and keynote speaker at the Society's annual conference, discusses the theme of her address – and some of the issues arising from the court's recent cases

Health check

What are the latest trends for profits, and margins? The Society reports on the findings from this year's Financial Benchmarking survey

Open to attack

Your personal safety can be on the line in your professional work. We report on the levels of violent or threatening behaviour revealed by the 2018 Journal employment survey

Claims: beating the trigger

The Society’s Insurance Committee convener tells the Journal how it is more proactively looking for ways to cut the level of claims – and why that should benefit, as well as ask more of solicitors

Storage: time for digital

In association with Document Data Group: Are you still storing paper case files? How much is it costing you waiting for their retrieval?

GSPC: eulogy for a friend

Glasgow Solicitors Property Centre has gone into liquidation. Why did it happen, and what is the future for SPCs? A solicitor director offers a personal view

Relevant persons: a challenge

The author considers ABC v Principal Reporter, which raised a difficult question concerning whether a sibling can be a “relevant person” for the purposes of appearing at a children’s hearing

New specialist land registration practice launches

In association with Lexares LLP: Frances Rooney sets out on her own

Good enough reason?

Latest civil cases, including reponing notes; case management; skilled witnesses; appeals; defective citation; party litigants; reduction

Copyright: underpinning control

Intellectual property briefing: an important CJEU ruling protects the rights of copyright holders against the re-posting without their consent of work posted online with no restriction on downloading

Writing means writing

Corporate briefing: parties to a contract are bound by the rules which they drafted, the UK Supreme Court has decided, in an important ruling on the effect of “no oral modification” clauses

Rent moves: two crucial hoops

Agriculture briefing: a new Land Court decision has answered two questions of competency regarding the preliminaries to, and the timing of, a notice seeking a variation of rent

Debtor wins in policy decision

Insolvency briefing: the nature of an interest in a life insurance policy for the purposes of the Bankruptcy Acts has, surprisingly but importantly, been considered by the courts for the first time

Scottish Solicitors' Discipline Tribunal

Reports relating to Michael Alastair Inkster; Steven Archibald Murray; William Lawson Criggie

KIR: the time bomb explodes

Keeper-induced registration is an essential part of completing the Land Register by the 2024 target date, but serious questions have arisen from an examination of two developments as to how titles are being registered

The guideline goal

Criminal law briefing: ahead of his stepping down, the solicitor member of the Scottish Sentencing Council gives a personal perspective on the first three years of its work

GC NextGen: a network for you?

Having a well-established group of peers to share knowledge and best practice can be invaluable for in-house lawyers at any level, and GC NextGen provides such a forum

Your Law Society of Scotland Council members

The full list of current members, elected, ex officio, co-opted and non-solicitor

Public policy highlights

Recent work of the Society's policy committees, including Brexit: environmental principles; claims management companies; GMC review of homicide; rural economy post-Brexit

Double boost for Society's AML team

Introducing new members Fraser Sinclair and Alex White

Ask Ash

Advice column: colleagues are passing judgment without knowing my health issues

Practice rights and the impact of Brexit: working in the EU

As the clock ticks down and uncertainty continues as to prospects for a Brexit agreement, the Society advises on possibilities to secure continuing EU practice rights – and the need for urgent action

Acting as notary: what do I need to know?

I am a Scottish notary public. Can I notarise a document that I do not understand? The Professional Practice team answers

Engagement letters: a practical approach

Concluding a two-part article, Lockton provides some valuable tips on how to get best effect from your engagement letters

Uncovering the environment

An appeal to help a University of Dundee project (summary version)

Paralegal pointers

The Scottish Paralegal Association has revamped its website and is raising its social media presence, to encourage paralegals to network