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Done Deal the Clock Stopped Ticking Just in Time, but There Is Plenty Still to Be Worked Through Regarding Future Relations with the EU – and the Impact on UK Law

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Done Deal the Clock Stopped Ticking Just in Time, but There Is Plenty Still to Be Worked Through Regarding Future Relations with the EU – and the Impact on UK Law Discrimination and Land reform: Success without the psychiatric injury the journey continues human cost P.16 P.20 P.24 Journal of the Law Society of Scotland Volume 66 Number 1 – January 2021 Done deal The clock stopped ticking just in time, but there is plenty still to be worked through regarding future relations with the EU – and the impact on UK law Click here to see Peter’s welcome message Publishers The Law Society of Scotland Atria One, 144 Morrison Street, Editor Edinburgh EH3 8EX t: 0131 226 7411 f: 0131 225 2934 Email > [email protected] e: [email protected] Read > www.lawscot.org.uk/news-and-events/blogs-opinions/ Follow > twitter.com/jlsed President: Amanda Millar Vice President: Ken Dalling Chief Executive: Lorna Jack Distant light Online resources www.lawscot.org.uk (home page) As COVID-19 cases surge, and we become practices. But the goodwill built up during www.lawscot.org.uk/members/journal/ even more locked down, I have noticed negotiations and expressed on both sides at www.lawscotjobs.co.uk news broadcasts referring to any glimmer the time of the initial announcement risked Subscriptions of related good news, such as projected being sacrificed when a draft SSI released Practising Certificate (inclusive cost) £565; vaccine rollout, as a “chink of light”. two days later – on Christmas Eve – was Non-Practising Members (UK and Overseas, In dark times, made darker by it being read as taking away with one hand part of inclusive cost) £315; Annual subscription UK £84; January, we all need something to cling what had just been given with the other. Overseas £108; Trainees Free on to, to look forward to. That, I suppose, A failure of communication somewhere, Editorial is an illustration of how we need to pay surely. Connect Publications (Scotland) Ltd particular attention to our mental health It has since been clarified that that was Editor: Peter Nicholson: 07785 460743 through this pandemic, and more a separate, and (it is claimed) cost e: [email protected] than ever in the month that is neutral revision of the criminal Advertising: Elliot Whitehead: +44 7795 977708 notorious for bringing on bouts fees rules. However the Society, e: [email protected] of depression. and members, are now on the Review editor: David J Dickson And the message of the alert to ensure that that is in Online legal news: pandemic, that we have to fact the case, and that the full e: [email protected] help each other out and pull package announced will be Other Connect Publications contacts, through this together, equally promptly delivered. Especially telephone 0141 561 0300 applies in this context. In other now, unity is strength in the talks. Head of design: James Cargill (0141 561 3030) words, don’t suffer alone. If you need [email protected] help and haven’t a friend or family member Déjà vu Editorial board you can open up to, there are resources Also just in time for Christmas was the Austin Lafferty, Lafferty Law and professional support on hand through UK Government’s Brexit deal with the EU. Andrew Todd, Springfield Properties Plc the Lawscot Wellbeing pages online. It is rather far from the “deep and special Philip Hannay, Cloch Solicitors Even if your new year doesn’t feel great relationship” desired by Theresa May when David Bryson, Baillie Gifford Ayla Iridag, Clyde & Co at the moment, I wish you a happier one as talks first opened, and does not avoid the Kate Gillies, Harper Macleod LLP it goes on – and an upward curve for us all. negative impacts now coming to light for many individuals and businesses. It does Nailing the package however contain provisions permitting UK Also needing a bigger chink of light right lawyers to continue to provide some types now is the legal aid sector. The Christmas of advice in member states. An outline can present from the Government, in the form be found on the Law Society of England Disclaimer of the 10% fee rise over two years plus & Wales website. More generally, it is The views expressed in the Journal of the Law Society of Scotland are those of invited contributors other business support, was welcomed designed to be subject to review, and we and not necessarily those of the Law Society of as a good start, even if well short of what have not heard the last of negotiations. One Scotland. The Law Society of Scotland does not endorse any goods or services advertised, nor any is needed to repair the finances of many way or another, advisers will be kept busy. claims or representations made in any advertisement, in the Journal and accepts no liability to any person for loss or damage suffered as a consequence of their responding to, or placing reliance upon any claim or representation made in, any advertisement appearing in the Journal. Readers should make appropriate enquiries and satisfy themselves be fore responding to any such advertisement, or placing reliance upon any such claim or representation. By so responding, Contributors or placing reliance, readers accept that they do so at their own risk. On no account may any part of this If you would like to contribute to Scotland’s most widely read and respected publication be reproduced without the written permission of the copyholder and publisher, legal publication please email: [email protected] application for which should be made to the publisher. © The Law Society of Scotland, 2021 Lynda Dawn Musab Hemsi, Mike Graeme ISSN: 0458-8711 Towers Robertson Simon Mayberry Blair Thompson Average circulation: is director of is an (co-authors) is a partner in is an executive Print edition Jul 19-Apr 20: 13,788 Digital edition May-Jun 20: 13,626 Public Law employment are partner and Land & Rural coach, working Audit pending with Morton law partner senior associate Business across both Fraser LLP with Rooney respectively with Gillespie business Nimmo with LexLayton Macandrew and sport January 2021 \ 3 THE JOURNAL OF THE LAW SOCIETY OF SCOTLAND VOL.66 NO.1 – JANUARY 2021 Perspectives Features Briefings In practice 04 Journal online 12 28 Civil court 38 Professional news January’s website exclusives Lynda Towers’ overview of the Roundup, with appeal issues Legal aid; complaints proposals; state of play post the Brexit social media guidance; RoS 05 Guest view 29 Licensing deal and related legislation consultation; policy work Melissa Rutherford and Tony What’s coming, COVID apart Bone 40 Solicitor advocates 16 30 Planning Marking 30 years since the law 06 Letters Dawn Robertson considers New rules for s 75 reviews paved the way Doing away with “Dear Sirs”; what a discrimination case 30 Insolvency Reviews might mean for stress claims 41 Sir Gerald Gordon Making pre-packs transparent Brief profile as he retires from 07 Offbeat 19 32 Tax SCCR after 40 years Quirky news; Profile column Two employment lawyers First report from the CGT review 41 Ask Ash 08 President ask whether the rules on 32 Immigration A home based trainee feels a Wishes and aims for 2021 comparators are too rigid Curbing papers based appeals lack of connection Regulars 20 33 Discipline Tribunal 42 Pro bono Mike Blair looks at the recent Failures in a property case How doing it brings benefits to all history of land reform, and 34 Property/planning 44 Risk management 09 People suggests it is far from over yet Changing face of our inner cities Phone calls that prevent fraud 31 Consultations 39 Notifications 24 36 In-house 46 The Word of Gold 45 Archive Graeme Thompson likens Introducing new ILC members Resilience post-COVID and how 49 Classified lawyers to peak athletes in to show it 50 Recruitment coaching for best performance 47 Preparing for COP26 The Society’s survey, and 26 follow-up plans Ally Thomson describes Hey Pro bono: Legal’s arrival on the scene three case 48 The Eternal Optimist and its adapting to COVID-19 studies Facing up to the year ahead Page 42 ONLINE INSIGHT PUBLISHED ONLY ON WWW.LAWSCOT.ORG.UK/MEMBERS/JOURNAL/ After Brexit: the employment Building better: housebuilding Investors and the Part of the fabric? law outlook and climate change Government veto Office workers need to get back Laura Morrison surveys the Natasha MacDonald reviews Paul Marshall and James into their offices: an unpopular aspects of employment law most the means by which Millward explain the aims opinion or not? Musab Hemsi likely to change now that the UK housebuilding and renovation of the National Security argues that some presence there is no longer subject to European could play a greater part in and Investment Bill, which is necessary for many to make Union requirements. achieving climate change targets adds to the Government’s their full expected contribution. – but how can we incentivise powers to intervene in the necessary investment? sensitive acquisitions. 4 / January 2021 OPINION Melissa Rutherford and Tony Bone The founders of Trauma Aware Lawyers in Scotland believe Scottish lawyers, and courts, need a better understanding of adverse childhood experiences and their impact on those most likely to come into contact with the legal system cotland is aiming to be one of the first to ensure that all individuals involved in the court system or legal trauma-aware countries in the world. system in Scotland are treated with respect and not re-traumatised. Compelling evidence is now available in the As a movement, our objective is to raise awareness of the effects public realm that trauma can have a lifelong of childhood trauma within the legal sector in Scotland. We really impact on both the physical and mental want to change the way that the whole of the justice system S health of a child, as well as their behaviour.
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