Leaders in law: accredited Employee ownership: Divorce in a recession: legal technologists strength in adversity issues in valuing assets P.15 P.18 P.22 Journal of the Law Society of Scotland Volume 65 Number 9 – September 2020 Set up for the future COVID-19 marks one of those seminal changes in the human story. What new skills do we require as a result? Scottish Land Law Publishing under the auspices of the Scottish Universities Law Institute, the second volume to this well-established and respected work is a thoroughly updated and comprehensive account of Scottish land law. It brings together material of significant practical importance in relation to the rights and obligations inherent in the ownership of land. Key legislation includes: • The Conveyancing and Feudal Reform (Scotland) Act 1970 • The Title Conditions (Scotland) Act 2003 3rd Edition, Volume 2 • The Land Reform (Scotland) Act 2003 October 2020 | £100 9780414017832 Continuing from Volume I, the content of Volume II includes: Chapter 19: General Principles of Security Rights Chapter 20: Standard Securities PLACE YOUR ORDER TODAY Chapter 21: Floating Charges sweetandmaxwell.co.uk +44 (0)345 600 9355 Chapter 22: Involuntary Heritable Securities Chapter 23: Title Conditions and other Burdens Chapter 24: Real Burdens Chapter 25: Servitudes Chapter 26: Judicial Variation and Discharge of Title Conditions Chapter 27: Public Access Rights Chapter 28: Nuisance and other Delicts Chapter 29: Social Control of Land Use Chapter 30: Compulsory Acquisition Chapter 31: Community Rights to Buy REUTERS/Russell Cheyne TR1218702/08-20 Click here to see Peter’s welcome Scottish Land Law message Publishing under the auspices of the Scottish Universities Law Institute, the second volume Publishers Editor to this well-established and respected work is a thoroughly updated and comprehensive The Law Society of Scotland Email > [email protected] Atria One, 144 Morrison Street, account of Scottish land law. It brings together material of significant practical importance Read > www.lawscot.org.uk/news-and-events/blogs-opinions/ Edinburgh EH3 8EX in relation to the rights and obligations inherent in the ownership of land. t: 0131 226 7411 f: 0131 225 2934 Follow > twitter.com/jlsed e: [email protected] Key legislation includes: • The Conveyancing and Feudal Reform (Scotland) Act 1970 President: Amanda Millar Vice President: Ken Dalling Hold the line • The Title Conditions (Scotland) Act 2003 Chief Executive: Lorna Jack 3rd Edition, Volume 2 • The Land Reform (Scotland) Act 2003 Online resources There are times when I feel the legal seems intent on restricting the scope of October 2020 | £100 www.lawscot.org.uk (home page) profession is increasingly at the mercy of judicial review, even while it seeks to limit www.lawscot.org.uk/members/journal/ governments and public authorities that other forms of scrutiny over the exercise 9780414017832 Continuing from Volume I, the content of Volume II includes: www.lawscotjobs.co.uk appear to have little appreciation of the of its powers. Chapter 19: General Principles of Security Rights Subscriptions role of lawyers in defending individuals’ The second issue is the savage cuts Practising Certificate (inclusive cost) £680; rights and challenging abuses of power. to funding of advice centres proposed Chapter 20: Standard Securities Non-Practising Members (UK and Overseas, And if that is the case, they equally by Glasgow City Council. Two law PLACE YOUR ORDER TODAY inclusive cost) £315; Annual subscription UK £84; have little concern for the rights of the centres, including Castlemilk, the oldest Chapter 21: Floating Charges Overseas £108; Trainees Free sweetandmaxwell.co.uk less fortunate members of society who in Scotland, stood to lose their support Chapter 22: Involuntary Heritable Securities +44 (0)345 600 9355 Editorial may have a particular need of professional completely; others including Govan Chapter 23: Title Conditions and other Burdens Connect Publications (Scotland) Ltd help in standing up for those rights. faced cuts in the region of 33%. Five CAB Editor: Peter Nicholson: 0131 561 0028 Two things in particular have sprung to offices faced closure. No doubt, as the Chapter 24: Real Burdens e: [email protected] prominence in recent weeks. council said, it received many Chapter 25: Servitudes Advertising: Elliot Whitehead: 0131 561 0021 First we had the disgraceful more applications for support e: [email protected] Home Office video with than it could meet, but that Chapter 26: Judicial Variation and Discharge of Title Conditions Review editor: David J Dickson its slighting reference did not explain its priorities Chapter 27: Public Access Rights Online legal news: to “activist lawyers” in proposing a 60% cut in e: [email protected] preventing the removal financial and debt advice, Chapter 28: Nuisance and other Delicts Other Connect Publications contacts, of people seeking to at a time when need can telephone 0141 561 0300 Chapter 29: Social Control of Land Use establish a right to be only increase as the full Head of design: James Cargill (0141 561 3030) allowed to remain in the impact of the recession [email protected] Chapter 30: Compulsory Acquisition UK. It was, tardily, removed starts to bite. Chapter 31: Community Rights to Buy Editorial board from the social media channels As we sign off, a temporary Austin Lafferty, Lafferty Law to which it had been posted; the Home reprieve appears imminent, but these are Andrew Todd, Springfield Properties Plc Office’s permanent secretary accepted services that need more secure funding. Philip Hannay, Cloch Solicitors that it should not have been expressed It must be of great concern that long- David Bryson, Baillie Gifford Ayla Iridag, Clyde & Co in those terms; yet the Home Secretary established agencies that help thousands Kate Gillies, Harper Macleod LLP herself has since repeated the phrase. in less advantaged areas can be left at the That from a Government whose mercy of grant allocations in this way. ministers indiscriminately refer to “illegal” I fear that we are in a period that calls migrants when there is no illegality about for constant vigilance, and we must not be genuine refugees attempting to reach slow to act when necessary and call foul. this country, and which has failed so far Prompt and coordinated protest produced Disclaimer to pay the promised compensation to the results in both of these instances. There is The views expressed in the Journal of the Law Society of Scotland are those of invited contributors great majority of those wronged by the likely to be an ongoing need to stand up and not necessarily those of the Law Society of Windrush scandal. Oh, and which also for those who most need our help. Scotland. The Law Society of Scotland does not endorse any goods or services advertised, nor any 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, or placing reliance, readers accept that they do so at Contributors their own risk. On no account may any part of this publication be reproduced without the written If you would like to contribute to Scotland’s most widely read and respected permission of the copyholder and publisher, application for which should be made to the publisher. legal publication please email: [email protected] © The Law Society of Scotland, 2020 ISSN: 0458-8711 Stephen Glen Amanda Steve Love QC, Neil Total Net Circulation: 13,689 Vallance Dott Masson Grant Markie Campbell REUTERS/Russell Cheyne (issue specific May 19) works with HM is a specialist (co-author (co-authors) is managing Av. Net Circulation: 13,628 (Jul 18 - Jun 19) Connect, the adviser with with Richard are advocates legal counsel, Harper Macleod Co-operative Wadsworth) is with Compass Royal Bank referral and Development head of Family Chambers of Scotland support Scotland Law at Harper network Macleod TR1218702/08-20 September 2020 \ 3 THE JOURNAL OF THE LAW SOCIETY OF SCOTLAND VOL.65 NO.9 – SEPTEMBER 2020 Perspectives Features Briefings In practice 04 Journal online 12 28 Civil court 36 O shaped lawyers The August website exclusives How do we still need to adapt Lessons from a video proof Explaining a new way of to deal with issues arising thinking abut training 05 Guest view 29 Corporate from post-COVID-19 ways of Laura Hutchison and Government support and 38 Professional news working? Sharon Cowan legitimate expectation Court plans; chief executive’s new role; policy work; 06 Letters 15 30 Intellectual property obituaries Legal aid in the Supreme Court; Profiling the first six Enforcement success in China Reviews accredited legal technologists 40 Suspicious activity reports 32 Agriculture reveals unexpected diversity: What happens to them? 07 Offbeat An airport – under crofting who else might apply? Quirky news; Profile column tenure? 41 Ask Ash Back in the office, feeling weird 08 President 18 32 Discipline Tribunal Standing up for the profession; Employee ownership trusts What happens on death? 42 Billable hour: fairy tales? virtual engagement are not only popular