Journal Magazine

December 2011

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Involving the named person

The role of the named person under the Mental Health (Care and Treatment) (Scotland) Act 2003, and possible changes being considered by the Government

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Private investigators - mitigating the risks

In the unregulated world of private investigators, the Association of British Investigators is attempting to maintain ethical standards, and with them the business reputations of instructing firms

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Human inventions

Discussion of the ECJ ruling on the patentability of processes relating to embryo stem cell research

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Smoother passage

A level playing field for airport users is one of the aims of new charges regulations governing operators of major airports

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Rough law of the street

Author challenges the current legal approach to outdoor prostitution in Scotland, as conflicting with the political approach to it as violence against women

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Council profile

This month's Law Society of Scotland Council member profile: Bruce Beveridge

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Opinion

Volunteering to represent destitute asylum seekers has revealed a parallel universe alien to the justice system with which most lawyers are familiar

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Book reviews

Reviews of Drafting for Succession (Kerrigan); The Evolution of EU Law (ed Craig & de Burca)

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President's column

From a month that has taken in a trip to the northern faculties, and the latest Admission Ceremony, Lord Carloway's proposals will require the most ongoing work

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Mapping in the Land Register

Registers page: Registers of Scotland has joined with other interested bodies to create a forum to consider best practice in all plans matters relating to registration of titles

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Alien concept

In one consultant's view, overriding the wishes of a small child resolutely opposed to contact with a parent will in most cases result in bonds being forged

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Size does matter

The Journal's 2011 employment survey, in association with Thorpe Molloy Recruitment, shows up some sharp contrasts between sectors, despite a stable overall picture

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Case proved?

Interview comments from Lord Carloway, and other interested professionals, on the main recommendations in his review of criminal procedure

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Reading for pleasure

This month's selection of leisure reading from the Journal's Book Review Editor

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Relocation revisited

The Inner House decision in the SM v CM child relocation case marks out a distinct position for Scots as opposed to English law

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Where Parliament fears to tread...

Separating cohabitants in England & Wales still await legislation to support a financial claim, but the Supreme Court has recently advanced their cause

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Cadder's growing family

Latest criminal cases, including police interviews; wilful acts and murder; search warrants; DNA samples

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Landlord splits

A new Outer House decision has set out the rights of joint landlords in relation to one another, and how resumption may be effected

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Five-year-old experts

The first case of its kind to come before the European Court of Justice sheds light on the infringement of community registered design rights

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Common sense to the fore

Discussion of Phee v Gordon, on the liability of a golfer and golf club to a player injured by a driven ball

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Beware: earn-outs

Earn-out clauses are an established feature in the sale of a business, but negotiating their terms is fraught with difficulty

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Steering with one hand

The role of in-house lawyers, and their external advisers, in employment law matters has become much more risk-focused than formerly

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Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Paul Saunders Jardine and Gordon Alexander Phillips; Annaline Webster; Ms A

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Missives in motion

A new edition of the Combined Standard Clauses for Edinburgh and Glasgow solicitors has been produced only two years after the initial version, to keep up with the ever-changing legal picture (fuller article)

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Constitution on track

Society working party on course for proposed February consultation

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From the Brussels office

Copyright protection extended for music recordings from 50 to 70 years

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Law reform update

Recent work of the Society's Law Reform Department, including Carloway review; UK Bill of Rights; parliamentary procedures

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Ask Ash

Advice column: my colleague seems jealous over my promotion - how do I deal with her undermining actions?

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Outside the box

Fresh thinking is needed in relation to the Diploma, in the wake of the Scottish Government announcement that no more grant-funded places will be available

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