Practice
OPG update
The Office of the Public Guardian would like to make Society members aware of two recent developments. The first on interpretation and the second on fees for partial revocations.
Navigating transgender legal rights
Navigating transgender legal rights: Scottish perspectives on gender recognition and family law
Familiar faces not welcome
Is the guidance as to who may act as an appropriate adult at police station interviews unduly restrictive in relation to mental health support workers?
Time for change
In light of John Swinney becoming the new Scottish First Minister earlier this month, Christine O’Neill KC and Emily Tarbet explore the legal and constitutional issues that arise when change occurs.
Looking ahead to the future
In Sheila’s final column as President, she highlights the importance of diversity and inclusion, alongside the ‘incredible work of the Lawscot Foundation’.
If you don’t ask, you don’t get!
A recent Inner House decision, Murdoch v Murdoch, has turned two broadly accepted principles regarding craves on their head.
Digging deep
An award-winning professional investigator shares how covert intelligence can span countries and provide law firms with support across multiple practice areas.
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Asylum following gender-based torture
Over 230 million girls and women worldwide have undergone female genital mutilation - a 15% increase compared to eight years ago. But what happens when they later try to claim asylum?
Getting the message across
As we enter a change in president this month, let’s look back to when Caroline Flanagan became the first female president of the Society.
Keeping tenant farming on track
Some argue that the steadily declining number of agricultural tenancies in Scotland are a direct result of competing rights between tenants and landlords.
SSDT Decision May
Read the latest decision from the SSDT as well as links back to other recent decisions.
Learning disabilities, victims bill and conversion practices
It has been another busy month for the Society committees as they support and spearhead policy change on incredibly important topics, such as ending conversion practices.
Retail reform
The Scottish Law Commission is asking whether the Tenancy of Shops (Scotland) Act 1949 has outlived its usefulness and, if so, what rights a tenant should have?
Technology and the courts
From remote courts to paperless proceedings, the use of technology has changed considerably, and even more so since the pandemic. Is this way of conducting proceedings here to stay?
Scottish Law Commission seeks comments on tenement law reform
The Scottish Law Commission has published its Discussion Paper consulting on reform of the law of the tenement.
Taxation across borders
The issue surrounding what and how much a taxpayer should be paying in the UK is a frequent topic of debate, but it becomes even more complex when said taxpayer starts to operate in more than one jurisdiction.
SLCC publishes a budget for a time of uncertainty
The Scottish Legal Complaints Commission (SLCC) has laid its budget for 2024-25 before parliament after the SLCC Board approved its draft budget unchanged following a statutory consultation.
The case for compulsory mediation
The issue of compulsory mediation is exercising legal minds on both sides of the Border and, as the appetite for change in Scotland increases, the matter of its feasibility or desirability becomes ever more relevant.
The Law of Criminal Procedure in Scotland
The practice of criminal law is closely regulated by procedure, which in turn is intertwined with rules of evidence. Sometimes it can be difficult to disentangle them.
Sheila’s penultimate presidential update
Writing to us from the Western Isles, she talks all things member forum events past and forthcoming, the latest on regulating the profession and criminal law developments.
ARCHIVE: Framework for tribunal reform
An overview of the new structure for tribunals to be introduced by the Tribunals (Scotland) Act 2014. Where are we now?
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.