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The Journal Employment Survey 2020 Evolving Convention: Contracted-out services: Necessary intervention: child abduction at 40 private protection? EHRC joins judicial review P.18 P.22 P.26 Journal of the Law Society of Scotland Volume 65 Number 12 – December 2020 Double life The Journal Employment Survey 2020: pros and cons of homeworking across the profession, and the search for the right balance Now available on Westlaw UK andas an as eBook an eBook on onThomson Thomson Reuters Reuters ProView™ ProView™ Residential Tenancies Peter Robson; Malcolm M Combe 4th Edition Residential Tenancies is the go-to resource for landlord and tenant law as it applies to housing in Scotland. Its accessibility and all-inclusive content make it a useful addition for legal practitioners, students and housing welfare advisors. This 4th edition has been fully updated to reflect major legal changes in the private rented sector and includes coverage of the recently introduced private residential tenancy, the default lease in the private rented sector. A detailed exposition on the difference between leases and licences on both sides of the Anglo-Scottish border is also covered. Financial Provision on Divorce and Dissolution of Civil Partnerships Alan Bayley; Ruth McCall 2nd Edition This title remains the essential, fingertip guide to all major financial provisions on divorce, comprising extracts from authorities on the subject with examples of how it operates in practice. Written for lawyers, by lawyers Financial Provision on Divorce is a convenient and practical text, easy to use and includes reference to pertinent quotes from the key authorities, linked to the relevant case law. This text looks at all the new legislation in this area and covers the increasingly important topic of pension sharing. With everything you need for advising clients in one place, this title is extremely helpful and saves valuable time spent on detailed research. PLACE YOUR ORDER TODAY sweetandmaxwell.co.uksweetandmaxwell.co.uk | +44 | 0345 (0)345 600 600 9355 9355 © 2020 Thomson Reuters TR1331938/11-20 Click here to see Peter’s welcome message Publishers Editor The Law Society of Scotland Email > [email protected] Atria One, 144 Morrison Street, Read > www.lawscot.org.uk/news-and-events/blogs-opinions/ Now available on Westlaw UK Edinburgh EH3 8EX t: 0131 226 7411 f: 0131 225 2934 Follow > twitter.com/jlsed e: [email protected] andas an as eBook an eBook on onThomson Thomson Reuters Reuters ProView™ ProView™ President: Amanda Millar Vice President: Ken Dalling Chief Executive: Lorna Jack Online resources Employing flexibly www.lawscot.org.uk (home page) www.lawscot.org.uk/members/journal/ Whether and to what extent to allow only a small minority saying they cannot www.lawscotjobs.co.uk Residential Tenancies working from home is a question that has work from home, why should this be? Subscriptions increasingly faced legal sector employers Some respondents gave their employers Peter Robson; Malcolm M Combe Practising Certificate (inclusive cost) £565; in recent years, and one that has met with credit for trying to be fair through the Non-Practising Members (UK and Overseas, 4th Edition mixed responses. crisis; others expressed resentment at their inclusive cost) £315; Annual subscription UK £84; During this year’s COVID-19 restrictions treatment. If there is an overall message Overseas £108; Trainees Free Residential Tenancies is the go-to resource for landlord and tenant law as it applies to housing in there was no choice. But now that our from the survey, it is that to get the best Scotland. Its accessibility and all-inclusive content make it a useful addition for legal practitioners, Editorial faltering return towards normal business from your people, treat them as individuals students and housing welfare advisors. Connect Publications (Scotland) Ltd should accelerate with the vaccination and trust them to pull their weight. Editor: Peter Nicholson: 07785 460743 programme, what can employees expect? This 4th edition has been fully updated to reflect major legal changes in the private rented sector and e: [email protected] Perhaps the question employers should Final countdown? includes coverage of the recently introduced private residential tenancy, the default lease in the private Advertising: Elliot Whitehead: 0131 561 0021 be asking is, how can we get the best from This issue happens to be the 200th rented sector. A detailed exposition on the difference between leases and licences on both sides of the e: [email protected] our people? As our lead feature on under my name as editor. (I worked Anglo-Scottish border is also covered. Review editor: David J Dickson the Journal’s 2020 employment on a few before that.) Shortly Online legal news: survey shows, this does not before I started, there was e: [email protected] permit a blanket answer. a cover feature predicting Other Connect Publications contacts, Some are more than eventual catastrophe in telephone 0141 561 0300 happy to continue working the criminal courts if the Head of design: James Cargill (0141 561 3030) from home, and believe defence sector continued to [email protected] they are more productive be underfunded and failed Financial Provision on Divorce and Editorial board that way; others the to attract enough new blood. Austin Lafferty, Lafferty Law reverse. Perhaps the majority The only surprise (if it is Dissolution of Civil Partnerships Andrew Todd, Springfield Properties Plc believe it benefits them to be such) to criminal lawyers today Philip Hannay, Cloch Solicitors able to do part and part, often by is that the Government still fails to David Bryson, Baillie Gifford Alan Bayley; Ruth McCall Ayla Iridag, Clyde & Co increasing the proportion of time spent appreciate the extent and urgency of the 2nd Edition Kate Gillies, Harper Macleod LLP at home if that previously featured. What problem that has now developed. The is also significant is that more people despair at last month’s limited response This title remains the essential, fingertip guide to all major financial provisions on divorce, comprising recognised a detriment than saw a benefit to the plea for additional support was real, extracts from authorities on the subject with examples of how it operates in practice. to their health or wellbeing from being and heartfelt. However the situation looks Written for lawyers, by lawyers Financial Provision on Divorce is a convenient and practical text, easy entirely home based, from which we can in another 200 months, I will not be here to use and includes reference to pertinent quotes from the key authorities, linked to the relevant case reasonably conclude, I suggest, that most commenting on it. Will the defence bar be? Disclaimer can be trusted to propose their own best law. This text looks at all the new legislation in this area and covers the increasingly important topic The views expressed in the Journal of the Law of pension sharing. With everything you need for advising clients in one place, this title is extremely Society of Scotland are those of invited contributors outcome to optimise their performance. It would be nice to conclude with some and not necessarily those of the Law Society of Yet not all employers have taken this on upbeat thoughts about this year; perhaps helpful and saves valuable time spent on detailed research. Scotland. The Law Society of Scotland does not endorse any goods or services advertised, nor any board: the survey reveals that there are the best that can be said is that the end is claims or representations made in any advertisement, in the Journal and accepts no liability to any person some who expect all staff to be back in the in sight. I hope you will all feel the benefit for loss or damage suffered as a consequence of their office, as before, once this is possible. With of a good Christmas break. 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 their own risk. On no account may any part of this Contributors PLACE YOUR ORDER TODAY publication be reproduced without the written permission of the copyholder and publisher, If you would like to contribute to Scotland’s most widely read and respected sweetandmaxwell.co.uksweetandmaxwell.co.uk | +44 | 0345 (0)345 600 600 9355 9355 application for which should be made to the publisher. legal publication please email: [email protected] © The Law Society of Scotland, 2020 ISSN: 0458-8711 Lisa Eleanor Cameron-Wong Jan Lindsay Average circulation: Reilly Deeming McDermott Todd Ogunyemi Print edition Jul 19-Apr 20: 13,788 is a senior is legal is a solicitor is former legal is a director, Digital edition May-Jun 20: 13,626 solicitor with officer with with the services adviser and co-author Audit pending Brodies LLP the Scottish Equality & with South Emma Keil Human Rights Human Rights Lanarkshire a senior Commission Commission Council associate, with DWF © 2020 Thomson Reuters TR1331938/11-20 December 2020 \ 3 THE JOURNAL OF THE LAW SOCIETY OF SCOTLAND VOL.65 NO.12 – DECEMBER 2020 Perspectives Features Briefings In practice 04 Journal online 12 30 Criminal court 40 Council members December’s website exclusives To work from home, or not? Roundup, including
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