Industry updates
It's a balancing act for adjudicators
Two recent decisions of the Scottish courts show the fine line adjudicators may be asked to tread when it comes to considering a defence.
SSDT Latest Decisions
Providing you with the latest decisions from the SSDT for April, as well as links back to previously published ones.
Aspirations for arbitration
From ‘unhappy and dysfunctional’ to ‘user-friendly and attractive’, Lord Glennie tells us about the rise of arbitration in Scotland.
ARCHIVE: Sustainability is key
Scottish ministers proposed to introduce a new presumption in planning in favour of "development that contributes to sustainable development" – did they?
Is it fit for purpose?
It has been almost 10 years since the introduction of shared parental leave, so let’s explore why the uptake of this provision is still so low.
Judicial factors, building heat and the National Care Service
From modernisation to concerns surrounding resourcing and the need to mitigate actual and perceived conflicts of interest, the latest Public Policy highlights covers this and more.
Celebrating success
Last month was celebratory with the President. Sheila Webster, attending the first admission ceremony of 2024.
Private client and family lawyers beware
Important changes to the Trusts and Succession (Scotland) Act 2024 are coming on 30 April and the succession specific ones are significant, even if a little ‘tacked on’.
Update - Public Guardian’s fees
Update from the Office of the Public Guardian - Public Guardian’s fees to increase on 1 April 2024
A world of 'not so' pure imagination
The Willy’s Chocolate Experience ‘farce’ made headlines and continues to do so. Is this a classic case for solatium in damages for breach of contract?
Don’t let scope creep up on you
Scope creep can be a real headache. Lockton share their top tips to help you avoid it or at the very least prevent work becoming substantially more onerous than planned.
Animals, bankruptcy, financial ombudsman, housing and tax
Public Policy Highlights February 2024
Vienna, London, Scotland and Brussels!
After a bit of a rocky start to 2024, it’s back to the usual busy diary for the President.
SSDT decisions: year in review
According to the latest Annual Report from the Scottish Solicitors’ Discipline Tribunal, the Tribunal heard and made decisions in 47 cases in the year 2022-2023.
Being a professional
At the time of writing, 2024 has barely begun, but it has been a rollercoaster so far.
(Now) settled for time
The Court of Session’s Inner House has reversed an Employment Appeal Tribunal (EAT) decision that settlement agreements cannot be used for potential future claims that parties are unaware of at the time the agreement is entered into.
You give me no alternative
What is next for Scottish civil justice in promoting the use of ADR?
A new dawn
The Journal starts 2024 with a new look and feel as we embrace a digital presence approach in the form of an online content hub. There's plenty more to come over the next few months.
New Year's resolutions from the President
Making time for thinking and planning for the future of the profession is Sheila's first resolution. But what are her others? Read on for her first article of 2024.
How do existing leaders successfully navigate a merger?
Morton Fraser and MacRoberts have merged. We speak to the CEOs, Chris Harte and Neil Kennedy, to find out how they've worked together after years of independent leadership.
SPONSORED: Cashroom's Confirmation of Payee
Marking a significant milestone in the legal sector, Cashroom confirms the launch of Confirmation of Payee into their client portal.
What does 2024 have in store?
Whether it's AI, recruitment and retention, the importance of diversity and inclusion, or the need to future proof the profession further, members provide their predictions for this year.
Celebrating Scotland's solicitors
This year marks the Law Society of Scotland's 75th anniversary. Chief Executive, Diane McGiffen, is keen for members to get involved and share their experiences.