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From the archives - January 2019

Brexit: prepare for impact

It is crunch time in the Brexit process and we may soon know whether we will leave the EU with or without an agreement in place. Irrespective, solicitors need to prepare for the changes it will bring

Continuity and compatibility

The authors explain the Supreme Court's judgment on the Scottish Government's EU Legal Continuity Bill, and the options now facing the Government and Parliament

The Disability Convention: clearing obstructions

Addressing the World Congress on Adult Guardianship, the author examines factors hindering full implementation of the UN Disability Convention, and the inclusive approach that may mitigate these

Policing review: the priorities

The fuller version of the opinion article on the issues that should be particularly looked at by Dame Elish Angiolini's independent review

Five investment practicalities for lawyers managing trusts

An investment manager offers five considerations for legal professionals managing trust funds on behalf of a client

Reading for pleasure

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

Opinion: Aamer Anwar

There are many areas that should be looked at by Dame Elish Angiolini’s Independent Review of Police Complaints Handling etc, but the powers and independence of PIRC must be high on the agenda

Book reviews

Review of Civil Procedure and Practice (Hennessy)

Profile: Serena Sutherland

Serena Sutherland is a recently elected Council member serving the Highlands and Islands

President's column

Anniversaries in 2019 include the centenary of women being entitled to be admitted to the profession, significant as Profile of the Profession steers the Society's future equality and diversity work

People on the move

Collected news of new appointments and practice changes

Lifting the lid on the law

Plus points and priorities for action: the 2018 Profile of the Profession survey paints a revealing picture of the working life of solicitors. We analyse the findings, and interview the President

The article 50 case: how it happened

The solicitor for the main petitioners in the case on revoking notice to leave the European Union describes the many procedural stages that had to be overcome to achieve the result from the CJEU

Forum for business

A recently appointed commercial judge reflects on his experience to date and highlights the particular features now in place to make the Commercial Court of service to the business community

Relevant persons: an alternative

The Inner House has clarified the rights of individuals to appear at children’s hearings concerning their siblings, reversing the ruling that they are “relevant persons”. What are the implications?

Three ways to enhance digital innovation

In association with Insight Legal Software: law firms need the right technology partner as well as the right systems

Brexit north of the border

While economic arguments have dominated the Brexit debate, less attention has been paid to distinctive features of the Scottish economy. An expert considers the issues facing Scottish businesses

Roberton – a way forward?

Giving the Society’s response to Esther Roberton’s report on the regulation of legal services, the President proposes a way to achieve reform without the cost and upheaval of a new regulatory body

Interest that runs for years

Latest civil cases, including interest; pursuers' offers; community councils; calling; contempt of court; expenses; assessment of evidence; skilled witnesses, appeals; taxation; sequestration

Minimum pricing: what next?

Licensing briefing: the strategy is emerging by which the Scottish Government will evaluate the impact of the minimum unit pricing law. Some aspects will be difficult to assess

A bill not as planned

Planning briefing: amendments at stage 2 of the Planning (Scotland) Bill have changed its character compared with the Government's original intention, and stage 3 needs to be approached with care

Consumer contracts, choice of law and time bar

Insolvency briefing: does a choice of law clause in a regulated consumer credit contract determine which time bar rules should apply? A recent sheriff court case raised the issue]

Entrepreneurs' relief: tightened too far?

Tax briefing: changes to entrepreneurs' relief announced in the 2018 Budget look to restrict the relief's operation, but arguably prejudice genuine commercial arrangements

Scottish Solicitors' Discipline Tribunal

Reports relating to Norman Alexander Fyfe Banski; Gordon G McNab; Ian Smith Watson

In the name of justice

Family law briefing: especially in family law cases, clients may seek to have their anonymity protected, but there are various rules – and other considerations – to be borne in mind for that to happen

Views from the bar

A regular fixture between the Faculty of Advocates and in-house lawyers, the 21st Century Bar conference is marked by its in-depth presentations on a range of topics. The 2018 event was no exception

Design the Journal front cover!

Competition for people working in the Scottish legal profession, and Scottish schoolchildren, each to design a special Journal cover to be published in July 2019, to mark the Society's 70 years

Public policy highlights

Recent work of the Society's policy committees, including Brexit Withdrawal Agreement; Fisheries Bill; competition in the digital economy; immigration detention inquiry

OPG update

From the Office of the Public Guardian: PoA jurisdiction check; revised PoAs and EPOAR; EPOAR expedited requests; PoA rejection rates; Marsh bonds of caution

Police station interview training – an update

A policy executive at the Law Society of Scotland looks forward to rolling out police station interview training in the coming year

Easier caution with Marsh online service

In association with Marsh: work with OPG has resulted in the launch of an online system to make the process for guardians to buy bonds of caution much quicker, easier and more efficient

Fantastic locums – and where to find them!

A locum solicitor describes this peculiar creature, where to find it, and the pay and conditions on which it might be tempted to engage – plus, for those who might think of trying it, what to expect

Navigating competencies

Following last month’s article on taking on work outside a firm’s core competencies, the author recommends keeping core competencies under review, and how to develop them with proper risk management

C1s – why they bounce

The Professional Practice team has received data showing the most common reasons for rejection of the form C1 confirmation inventory

Conference content?

The Scottish Paralegal Association would like to know what you want to see covered at this year’s conferences

Turn on the black box

The Word of Gold: for professionals, sorry seems to be the hardest word. And the consequences?

Ask Ash

Advice column: my boss is kind, but isn't giving me enough independence