Radical approach to Law and Tech Conference: The Expert Witness children’s rights highlights of a virtual event Index 2020 P.16 P.18 P.49 Journal of the Law Society of Scotland Volume 65 Number 10 – October 2020 Up in smoke? New lawyers finding their career plans stalled by the recession should not despair – say those who came through the last slump in 2008 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 Sounding the alarm • The Title Conditions (Scotland) Act 2003 Chief Executive: Lorna Jack 3rd Edition, Volume 2 • The Land Reform (Scotland) Act 2003 Online resources Last month I voiced concerns over the lack on the website of Duncan Lewis Solicitors, October 2020 | £100 www.lawscot.org.uk (home page) of appreciation in government (central and the largest provider of civil legal aid www.lawscot.org.uk/members/journal/ local) of the role of lawyers in defending services (including much immigration 9780414017832 Continuing from Volume I, the content of Volume II includes: www.lawscotjobs.co.uk individuals’ rights and challenging abuses of work) in England & Wales. In the wake Chapter 19: General Principles of Security Rights Subscriptions power. What has happened since is worse. of such ministerial agitation, and tabloid Practising Certificate (inclusive cost) £680; At that point the Home Office had coverage of its headline earnings – from Chapter 20: Standard Securities Non-Practising Members (UK and Overseas, withdrawn following protests a video many thousands of cases over three PLACE YOUR ORDER TODAY inclusive cost) £315; Annual subscription UK £84; referring to “activist lawyers” intervening years – it reports: “We are now seeing Chapter 21: Floating Charges Overseas £108; Trainees Free sweetandmaxwell.co.uk on behalf of people it wished to deport, our lawyers experience abusive behaviour Chapter 22: Involuntary Heritable Securities +44 (0)345 600 9355 Editorial which its permanent secretary accepted and receive abhorrent and threatening Chapter 23: Title Conditions and other Burdens Connect Publications (Scotland) Ltd should not have been so expressed. messages online daily for simply trying Editor: Peter Nicholson: 0131 561 0028 Regrettably, indeed alarmingly, UK to do their job and be a voice for the most Chapter 24: Real Burdens e: [email protected] ministers are showing themselves vulnerable: victims of torture, victims Chapter 25: Servitudes Advertising: Elliot Whitehead: 0131 561 0021 impervious to adding to of trafficking and unaccompanied e: [email protected] their understanding of the asylum-seeking children. This Chapter 26: Judicial Variation and Discharge of Title Conditions Review editor: David J Dickson importance of the law and has to stop.” Chapter 27: Public Access Rights Online legal news: lawyers in a pluralistic As if that were not e: [email protected] society. For the second enough, the Government is Chapter 28: Nuisance and other Delicts Other Connect Publications contacts, time in a few weeks, our now quite openly putting telephone 0141 561 0300 Chapter 29: Social Control of Land Use own Law Society, like its itself in conflict with the Head of design: James Cargill (0141 561 3030) English & Welsh counterpart rule of law, international and [email protected] Chapter 30: Compulsory Acquisition and the Dean of Faculty, has domestic, through its UK Internal Chapter 31: Community Rights to Buy Editorial board felt moved to protest, this time at Market Bill – internationally through Austin Lafferty, Lafferty Law the “inflammatory language” of the Home its provisions purporting to override the EU Andrew Todd, Springfield Properties Plc Secretary, repeated by the Prime Minister, Withdrawal Agreement, concluded by the Philip Hannay, Cloch Solicitors in party conference speeches. And while same Government less than a year ago, David Bryson, Baillie Gifford Ayla Iridag, Clyde & Co the former’s reference to “lefty lawyers” and domestically through its attempt to Kate Gillies, Harper Macleod LLP was in the relatively narrow context of exclude any form of review of potentially asylum, the Prime Minister chose the same far reaching orders made under its powers. phrase to cast aspersions indiscriminately The Advocate General for Scotland, at at criminal defenders. least, felt himself unable to remain in office I make no apology for returning to the in consequence; the position of others still subject, which is of critical importance. in post is difficult to defend. Disclaimer Likewise, to her credit, our President, My conclusion last month, predicting a The views expressed in the Journal of the Law Society of Scotland are those of invited contributors via Twitter, said she would take a stand need for constant vigilance, and readiness and not necessarily those of the Law Society of “AGAIN and AGAIN as necessary” while to stand up for those who most need our Scotland. The Law Society of Scotland does not endorse any goods or services advertised, nor any she holds office. help, has now to be restated on a broader claims or representations made in any advertisement, in the Journal and accepts no liability to any person Those who doubt the need to do so basis and at a more fundamental level. Our for loss or damage suffered as a consequence of their should consider the 7 October news item voices must be heard loudly and clearly. 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 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 application for which should be made to the publisher. legal publication please email: [email protected] © The Law Society of Scotland, 2020 ISSN: 0458-8711 Amy Bruce Elaine E Rachael Elizabeth Total Net Circulation: 13,689 Walsh Adamson Sutherland Bicknell Rimmer REUTERS/Russell Cheyne (issue specific May 19) is a senior is Children and is Professor is founder is chief Av. Net Circulation: 13,628 (Jul 18 - Jun 19) associate Young People’s of Child and and director executive with Harper Commissioner Family Law at of Squaring of LawCare Macleod Scotland the University Circles of Stirling TR1218702/08-20 October 2020 \ 3 THE JOURNAL OF THE LAW SOCIETY OF SCOTLAND VOL.65 NO.10 – OCTOBER 2020 Perspectives Features Briefings In practice 04 Journal online 12 28 Criminal court 38 Professional news Our October website exclusives Do new lawyers hit by the Roundup, including Moorov, Standing up for lawyers; QCs; recession have a future? Hope young offenders and contempt Council; Rising Star; AML; Will 05 Guest view and advice are on hand from Aid; policy work; recovery advice Elaine Motion 29 Licensing some who survived in 2008 Pros and cons of remote 40 Royal Faculty project 06 Letters licensing board hearings Launch of a 10 year building Acting on fraud; Reviews 16 renovation programme A major step forward for 30 Family 07 Offbeat children’s rights: the bill to When assets include a high rise 41 The Word of Gold Quirky news; Profile column bring the UNCRC into Scots law flat with fire risk cladding Are we ripe for shaking up? 08 President