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From the archives - March 2019

How will Brexit affect my mother-in-law?

This article explains how the rights of parents of adult EU nationals who intend to remain in the UK will radically change after Brexit, and likely difficulties in their coming to join family here

Settling the debate on sequestration

The author questions the sheriff's reasoning, if not the result, in the recent decision to refuse to warrant petitions for sequestration based on council tax arrears

Taking wellbeing seriously

What it is like to work for a firm that supports wellbeing? A solicitor tells of her experience in a practice whose senior colleagues she regards as good role models

How will personal data continue to flow after Brexit?

A blog from the Information Commissioner busts the myths for UK small and medium sized businesses transferring personal data to and from the EEA

Buildmark, and a little extra help for NHBC

Why the recently implemented Insurance Distribution Directive affects property sales with Buildmark cover, and what solicitors and developers can do to assist the NHBC to comply

Reading for pleasure

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

Opinion: Laurie Anderson

Despite the culture shift towards diversity and inclusion, issues affecting their health and ability to do their job face LGBTQ+ lawyers, and steps are needed to make every office more inclusive

Book reviews

Reviews of Practical Guide to Granting Corporate Security in Scotland (Hardman); Conveyancing (Gretton and Reid)

Profile: Lord Mackay of Clashfern

Lord Mackay of Clashfern, made an honorary member of the Society in 1988, had a long and distinguished career including as Dean of Faculty, Lord Advocate and Lord Chancellor

President's column

Brexit features high on the agenda at present, but the Society is also under scrutiny to continue to improve its anti-money laundering regime, by the agency supervising professional body regulators

People on the move

Collected news of new appointments and practice changes

Is your legal software ready to remain compliant in 2019?

In association with Insight Legal Software: facing supplier and regulatory changes, firms should check the future prospects for their systems

What's the deal?

With the prospects for Brexit still unclear, the Journal attempts to draw together some of the latest official guidance relevant to law firms that not yet have looked seriously at the possible impact

Ready to leave?

How much impact has Brexit had on the profession to date, and what have solicitors done to prepare for it? We report on the Society’s focus groups that recently took place around the country

A tapering opportunity

In association with Brewin Dolphin: use your pensions allowance carry forward while you can still use the former £40,000 limit, now reduced to £10,000

Brexit: no dealbreaker either

Is the impact of Brexit on commercial contracts such that an adversely affected party might be able to avoid the contract through frustration? An English High Court decision suggests not

The business of divorce

Corporate transactions by business owners may have family law considerations not apparent to the client (or the corporate adviser) at the time. The authors highlight some pitfalls for the unwary

Trailblazing 12

To mark International Women’s Day, and the first 100 years of women in the legal profession, we present 12 inspirational figures who helped bring women in the profession to where they are today

Cohabitants: rebalancing the law

The conclusions of the Law Society of Scotland’s research into the law providing rights to cohabiting couples, and its proposals for reform

Litigation: an evolving scene

A recent report puts a figure on the sharp decline in recent years in the use of civil litigation in Scotland. This feature looks at the influences at work, and what they mean for the future

Chain transactions

How long will it be before blockchain begins to have an impact on legal transactions? Our authors look at some latest developments, the potential, and some issues that will need to be resolved

When delay is not fatal

Latest civil cases, including undue delay; ex parte applications; title to sue; remit to Court of Session; joint minutes; ex tempore judgments; leave to appeal; family actions; sanction for counsel

Data protection – deal or no-deal?

Corporate briefing: whether the UK leaves the EU with or without a deal, businesses must be ready for changes that will affect their data flow processes and agreements

Two cases and an order

Agriculture briefing: a roundup covering Land Court decisions on crofting tenure and conditions governing the upland sheep support scheme, and an order varying the schedule on tenants' improvements

Reshaping trade mark law

Intellectual property briefing: the newly in force Trade Marks Regulations 2018 make important changes to the UK regime, bringing it into line with EU rules and allowing for technological advances

When the wheels come off

Sport briefing: support provided to a funded athlete, an elite cyclist, under contractual arrangement did not make her an employee or worker, an employment tribunal has held

Parentage or privacy?

Could mandatory DNA testing in paternity cases be introduced in Scotland? A Maltese provision authorising such testing has survived a challenge in the Human Rights Court; should it be replicated here?

Access right, right of access or right of way?

There are a number of reasons why individuals may have a right to be on or to cross land – but identifying the correct reason can be challenging

Team of one

Acting as sole in-house counsel can be a particularly challenging position. The Society brought a group together to share experiences of managing the role

Public policy highlights

Recent work of the Society's policy committees, including organ donation; personal data; hate crime; immigration

OPG update

From the Office of the Public Guardian: fees rise; fee exemption scheme; PoA jurisdiction check

Housing specialism added to accreditation list

The author explains how he proposed the new housing and residential tenancy law specialist accreditation

At the boundary's edge

The Word of Gold: for modern law firms, “local” has never been a more flexible concept

Keep the dual role

The Society’s dual role should remain; it is an effective regulator; and its member services are valued. These are among the findings of the latest member survey carried out for the Society

Executry and trust accounting: new guidance

The Professional Practice team highlights updated guidance for the profession, operative as from 28 February 2019

Moving nightmares

Boundary and access claims are one of the main problem areas for property lawyers, but relevant risk management precautions, highlighted here, are relevant to many areas of practice

Accredited paralegal update

News for Law Society of Scotland accredited paralegals, plus practice area highlight: civil litigation – debt recovery

Sign up for conference

The Scottish Paralegal Association’s first big conference of 2019 takes place on 18 April

Accredited Paralegal Committee profile

Committee convener Karen Leslie is an accredited paralegal in Stronachs, practising in the area of debt recovery

Ask Ash

Advice column: a colleague told me he was struggling; should I advise our boss?