Blogs & opinions

Summary decree granted on basis of conviction
Self defence plea had no real prospects of success

QOCS and the dishonesty exception: fair notice?
Court of Appeal upholds finding though no express plea

Letter: ARTL: just a mistake?
Should the Keeper not be held to account for money spent on ARTL, as solicitors are for errors in applications? – with reply from the Keeper

Letter: moral obligations
A challenge to the advice in the Ask Ash November column

Trends and revelations
From the Journal employment survey: sexual harassment must be taken seriously

Survey comments: harassment does happen
The Journal employment survey asked whether readers had experienced sexual abuse or harassment at work. Here is a selection of comments submitted.

Mergers and markets
After the Maclays-Dentons merger, what now for the independent Scottish legal firm?

Financial agreement without legal advice held not unfair
Sheriff Appeal Court upholds parties' freedom of contract

Limits to party's obligations on pension sharing, sheriff holds
Incidental order as way of overcoming liquidity problem refused

Law of accession does not determine matrimonial assets: sheriff
Home built on non-matrimonial plot should be valued separately

Matrimonial home treated like other assets for sharing
No inference to be drawn from title being in joint names

Adoption granted to prevent challenge to other orders
Court allows applications by children's aunt and her husband

First tenants' LBTT three-yearly returns due soon
Revenue Scotland in change of policy over reminders

Prepare for the new private residential tenancies
All new tenancies from 1 December must comply with 2016 Act

Third Party Rights Bill awaits Royal Assent
A commentary on the new law, which parties can voluntarily adopt

LBTT supplement relief change to be made retrospective
Bill will extend replacement dwelling concession brought in by order

Islands Bill to give local say in coastal waters projects
Policy making to have regard to special needs of island communities

Yes, private parking penalties can be enforced
Dundee case finds contract established on basis of signs

For the greater good
The profession should support those who attempt to improve the lot of the most vulnerable

Letter: business failures
Should the Society tighten its solvency criteria?

Letter: detention – unanswered questions
A defence lawyer's concerns at the lack of clarity over what should take place before and during an interview

Brexit and the legal order
Government recognition of the need to continue civil judicial cooperation with EU countries after Brexit is welcome, but how can it exclude the involvement of the CJEU?

Downsizing and the residence nil rate band
Further guidance from HMRC on qualifying for higher value

Trusts caught by new anti-money laundering rules
Requirement to register, with information on prescribed persons