Back to top
From the archives - September 2019

Time recording in the workplace

A report on recent UK and European decisions requiring recording of working time and rest periods, with potentially wide-reaching consequences for employers

Let the adjudication proceed

A “brave” decision in the Outer House favours the right to go to adjudication over an attempted interdict on the basis of other issues in dispute, but may be appealed

Intestacy law reform and the lessons from North America

The author looks at the North American models featuring in the Scottish Government’s consultation on intestacy law reform, and how they might be adapted to our system

Development and protected settings

A new decision offers guidance to planning authorities on their duty to have regard to the effect of a proposed development on the setting of a listed building

Reading for pleasure

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

Opinion: Archie Millar

The rules on advertising by solicitors are being worked around, if not abused, especially with respect to touting for business, and their terms, if not their existence, should be reviewed

Book reviews

Review of We Know All About You: The Story of Surveillance in Britain and America (Jeffreys-Jones)

Profile: Ken Dalling

Ken Dalling is a Stirling solicitor, board and Council member at the Society and convener of the recently established Anti-money Laundering Committee

President's column

This year’s American Bar Association conference focused on human dignity, a subject which features strongly in matters in which the profession is currently involved here in Scotland

People on the move

Collected news of new appointments and practice changes

Measure success by a firm's ability to embrace change

In association with Insight Legal Software: evaluate your operation and identify the best system for your needs – including service support

Automated driving – what's coming down the road?

How is the Law Commissions' groundbreaking joint project on automated vehicles progressing? This article outlines the public responses to the first of their consultations, and what to expect next

Put it to the panel?

Professional negligence claims are complex, yet little use is being made of the Society's Pursuers' Panel, set up to help clients alleging negligence by a solicitor. Some panel members discuss why

Layman among the lawmakers

One of the first consumer representatives on the Scottish Civil Justice Council gives an “outsider” view of the workings of the Council during its initial years

Justice agenda

Civil litigation has already gone through enormous change, but the Society’s expert committee still has plenty to grapple with, as the Journal found out from convener Iain Nicol

Rules and boundaries

Regulatory Committee convener Craig Cathcart tells of how he regards the committee’s independence, his desire for a better consumer focus – and his efforts to keep the body of practice rules in check

Too much for one person: the GC role today

A general counsel and keynote speaker at the Society’s annual conference previews his talk by outlining the highly complex role of today's GC, and the importance of building an outstanding legal team

Are you commercially aware?

An author on the subject offers some guidance for young lawyers on the need for commercial awareness, the facets it contains and the types of knowledge and skills it may require

Courts Reform Act in spotlight

Latest civil cases, including appeals; witnesses and experts; video evidence; family actions; actions for recovery of heritage; sequestration; proof of criminal conduct

Cookies, consent and social media plugins

Corporate briefing: new guidance from the Information Commissioner’s Office clarifies that GDPR-standard consent is required for cookies and social media plugins that collect data from website users

When Goliath takes on David

Intellectual property briefing: Claridge’s Hotel has succeeded in a trade mark claim against a small supplier of luxury candles – but at a cost in finding its own marks restricted

Crofting making the news

Agriculture briefing: the Scottish Land Court has issued two decisions of note on crofting issues, one on change of use of common grazings, and one on a significant exercise in fixing croft rents

Scottish Solicitors' Discipline Tribunal

Reports relating to Christopher James Forrest; Robert Fulton Frame; Graeme Bruce Murray

Branching (is) out

Property briefing: do solicitor firms gain a market advantage from estate agency branch offices? The owner of one innovative business argues that there is a better approach

Two heads better than one

The In-house Lawyers’ Committee now has co-conveners sharing the duties. Here they set out what they can bring to the position, and how they hope to serve the in-house community

Putting recruitment in context

The Law Society of Scotland is inviting employers intending to recruit trainee solicitors to try out a pilot scheme that uses technology to boost social mobility in the profession

OPG update: PoA storage to end

Powers of attorney registered before 2009, currently held by the Office of the Public Guardian in secure off-site storage, will be destroyed after 31 December unless their return is requested

Street Law goes global

The Society has delivered training to law teachers from Belgium and the Netherlands, to help spread the concept of Street Law

Your Law Society of Scotland Council members

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

SPA update

Conference and CPD latest from the Scottish Paralegal Association

Accredited paralegal roundup

Practice area highlight: repossession litigation; committee profile (Denise Loney); CPD event

Broadening horizons, creating opportunities

The Society is working on a number of fronts to promote the Scottish solicitor profession globally - and there are opportunities for those who wish to join in

Practising rights and Brexit: a timely update

An update of the Society's advice on the impact of Brexit on practice rights, reviewing the consequences of a no-deal Brexit on 31 October

Dabbling: a cautionary tale

Following previous articles on taking on work outside a firm’s core competencies, Lockton provide a case study to highlight the dangers of “dabbling” in areas in which you have little or no expertise

Ask Ash

Advice column: my manager is great about family needs, but not career needs

The cost of peace at any price

The word of Gold: when we face up to conflict and handle it well, the result is a stronger business. Why, in that case, are we are so tempted to avoid it?