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From the archives - October 2009

The Combined Standard Clauses (2009 edition)

The full commentary on how the differences between the Glasgow and Edinburgh standard housebuying offers were resolved, a shorter version of which appears in the September 2009 Journal

Preserving a legal inheritance: settlement rights in the "Occupied Palestinian Territories"

The fuller version of the article in the September 2009 Journal in response to Fraser Ritchie’s article of June 2009

The European Court and the duty to investigate deaths

How article 2 of the ECHR has been interpreted as imposing a duty to hold an inquiry into certain deaths, perhaps occurring many years ago

Chief Executive's SGM address

Lorna Jack tells members of Society's priorities for 2009-10

Shelter's online resources

Shelter Scotland’s approach to online advice and information, and how it can help solicitors to tap into the law around housing and homelessness

Musical copyright and contract

The House of Lords decision in the Procol Harum case may leave some in the music business a whiter shade of pale

The international swap shop

Some reflections on activity in the world of exchange of information between tax authorities

Headline fortnight

President's message: a series of big events in late September each have a significant bearing on the future of the profession

The Gill Report? What's not to like?

The approach of the Gill Report is encouraging and deserves close study, even if questions of resources will inevitably arise

Solicitor advocates and conflicts of interest

Comment on letters by Angus Logan and John Scott, arguing that advocates can face potentially more difficult conflicts than solicitor advocates

Settlement in the West Bank

Letter replying to Dr Adler's article in September, from the author of the original article on the situation of the Palestinian people

Package deal

Some key points from the radical proposals of the Gill review, and the initial reactions of the Society's civil procedure convener Kim Leslie

RoS = economic value

Registers of Scotland have a report on their contribution to Scotland's economy, and news of more appointments

Defining the future

The Scottish Government has unveiled its Legal Services Bill, which the Society welcomes as helping to drive forward its agenda for change

Global leader?

An outline of the Climate Change (Scotland) Act, what it means for business, and what further action we can expect from Government

Dog's chance

Is it possible to make a case of strict liability for injury caused by a boisterous dog? The Inner House has clarified the hurdles to be overcome

Coulsfield rules OK

Explanation of the changes that will take place when the sheriff court gets its own version of the "Coulsfield Rules" for personal injury actions

Money and your life

Marriage contracts and separation agreements: their uses and benefits; and two recent cases where an agreement was challenged

Experts on the case

Interview with Solicitor General Frank Mulholland on the growing number of specialist units in the Crown Office and Procurator Fiscal Service

At the hub, 10 years on

Overview of the Society's Devolution Conference, which lived up to its billing as a high profile event with some excellent speakers

Guardians: don't look to the Fund

A sheriff principal has ruled that a solicitor appointed guardian to an incapable adult should not rely on the Guarantee Fund rather than caution

From the Brussels office

Notes of a recent ruling on legal expenses insurance and choice of lawyer; and non-legislative IP protection proposed by the Commission

Ask Ash

Advice to an in-house solicitor challenged as to her career aspirations by a friend in private practice

Making the most of ABS

Challenging the notion that alternative business structures under the Legal Services Bill will somehow compromise lawyers' professionalism

Planning for growth

Solicitors should look again at financial planning as a possible income stream, according to the support organisation working in the field

The perils of posting

Some advice from LawCare to those who like to post their thoughts and views online

ARTL: friend or foe?

Against a background of property-related Master Policy claims, some questions to Registers of Scotland regarding ARTL and risk management

Where privacy prevails

Latest criminal cases, including fresh evidence appeals; witnesses' previous convictions; de recenti statements

How was it for you?

The earth did not quite move for licensing lawyers on 1 September, but more issues are still coming to light over the working of the new regime

Agreeing rescues with creditors

Recent cases on company voluntary arrangements show them often to have advantages in insolvencies over schemes of arrangement

Adopting new solutions

The new adoption law is in force at last, and brings at least one important question of interpretation

Divorce for gender change

The process of divorce because one party is undergoing gender reassignment has unique features which raise points for practical guidance

Scottish Solicitors' Discipline Tribunal

Reports relating to Norman James Cowie; John Davidson; Martin Ramsay Longmuir; John Rankine Smith

Book reviews

Reviews of Credit and Security (Goode); Property, Trusts and Succession (Gretton and Steven); Civil Procedure (Hennessy); Land Tenure and Tenements (Rennie)

Website review

Advice on intellectual property rights

A safe pair of hands tops the bill

Preview of In-house Lawyers Group's AGM and symposium with keynote speaker Robert Armour

Law out of step

The recent decision that missives had not been validly concluded by fax goes against accepted practice and clients' expectations