Industry updates
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?
Scottish Courts and Tribunals Service publishes business plan
The Scottish Courts and Tribunals Service (SCTS) Business Plan 2024-25 has been published, setting out the organisation’s plans and ambitions for the coming year.
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.