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8370 results found
Journal

Criminal court: Sentencing deconstructed

Journal 16th August 2021
Latest criminal cases, including murder appeals, comparative justice, and dangerous driving, along with a comment on the new guidelines on the sentencing process
Journal

Family: Litigation and lottery wins

Journal 16th August 2021
An unusual divorce case involving millions of pounds in lottery winnings illustrates the effectiveness of the ancillary powers available to the court under the Family Law (Scotland) Act 1985
Journal

Human rights: Reinforcing the right to be forgotten

Journal 16th August 2021
In affirming the Belgian courts’ decision to order anonymisation of an individual in relation to an offence from which he had been rehabilitated, the ECtHR has strengthened the right to be forgotten
Journal

Criminal law: The future of sexual offence trials

Journal 16th August 2021
The Dorrian Review on managing serious sexual offence cases in court proposed significant measures which deserve full consideration, but also some that could be introduced in the shorter term
Journal

Scottish Solicitors' Discipline Tribunal

Journal 16th August 2021
Report relating to Kenneth Stewart Gordon
Journal

Property: Heat networks: the key to low-carbon heating?

Journal 16th August 2021
A new Act of the Scottish Parliament is intended to encourage the use of heat networks to help the drive to cut carbon emissions. But what are they, and how is the legislation intended to work?
Journal

In-house: Power of the nudge

Journal 16th August 2021
Behavioural economics – understanding influences on choices – is something that lawyers can adopt to enhance their negotiating skills, and one in-house legal team is applying it also within the team
Journal

SLAB not liable for interest – but should be: SAC

Journal 16th August 2021
The Sheriff Appeal Court has ruled against a claim for statutory interest on unpaid legal aid fees due to solicitors – while commenting that the matter requires legislative attention
Journal

The Scottish Legal Walks are back!

Journal 16th August 2021
After last year’s enforced interruption, the Legal Walks to support Scottish advice charities return next month. This article describes the work of the prime mover, the Access to Justice Foundation
Journal

Risk management post-COVID-19

Journal 16th August 2021
Solicitors should re-examine their systems and procedures to identify risks arising since the pandemic, as it seems that courts and regulators will be unimpressed by excuses related to remote working
Journal

Civil court hearings: seeking common ground

Journal 16th August 2021
Written submissions? Telephone conference? Webex hearing? The author would like to see more standardised practice across Scotland’s sheriff courts, ideally with a mix of all three
Journal

The Word of Gold: Scratch my back?

Journal 16th August 2021
The route to success is always a two-way street: collaboration pays handsome dividends
Journal

The Eternal Optimist: Living up to the name

Journal 16th August 2021
Preaching a positive outlook is all very well – but how do you keep it up day by day?
Journal

Ask Ash: Groundhog day again?

Journal 16th August 2021
Advice column: My job had variety before COVID; it’s demotivating without it
Journal

Book reviews: August 2021

Journal 16th August 2021
Review of Technology, Innovation and Access to Justice (ed De Souza and Spohr)
Journal

Profile: Keith Hamilton

Journal 16th August 2021
Keith Hamilton is solicitor and risk manager at The Heineken Company (UK), and convener of the Society's Practising Certificate Committee
Journal

SSSC hearings: why the move to opt-in

Journal 11th August 2021
The Scottish Social Services Council (SSSC) recently changed to an opt-in hearings process for fitness to practise cases. Here it explains the benefits
Journal

Liquidated damages and the effect of termination

Journal 11th August 2021
A Supreme Court ruling has brought welcome clarity for the construction sector on the drafting and application of liquidated damages clauses, particularly where a contract is terminated
Journal

State aid in the post-Brexit age

Journal 11th August 2021
The UK Government's Subsidy Control Bill will provide the post-Brexit successor to EU state aid rules – but marks a less significant shift away from the EU regime than might have been expected
Journal

The cost of bad advice

Journal 10th August 2021
The Supreme Court has revisited the principles in determining actionable loss from professional negligence. The rulings will prove helpful – and underline the importance of terms of business
Journal

Licensing the great outdoors

Journal 10th August 2021
Special arrangements during COVID for allowing hospitality facilities outdoors have added to, rather than created, contentious issues in this area of licensing law. The author tracks the developments
Journal

In care, in family?

Journal 10th August 2021
Children in care have gained new statutory rights designed to keep siblings together and connected. This article explains how these came about, and the impact of bringing an appropriate test case
Journal

Executor removal: a high bar

Journal 10th August 2021
Two recent cases in the Court of Session illustrate the issues that can arise between executors, and the high threshold for a successful petition for removal
Journal

Pensions: Plugging the LGPS exit credit hole

Journal 10th August 2021
The English High Court has held retrospective amendments to the Local Government Pension Scheme Regulations lawful on public interest grounds, to prevent windfalls for outsourcing contractors
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