Back to top
From the archives - March 2009

Corporate governance in family businesses

The unique nature of family enterprises means that what works for a plc may well not be the best model to follow

Que será, será….

Scottish buyers of Spanish property face a Herculean task to recover bank guarantee deposits

A matter of form in administrations

The speed and simplicity of company administrations is founded on the statutory forms - but it is vital to use the right one for the circumstances

You may have to be mad to work here

Trying to screen out workers with mental health conditions is unlikely to be successful for employers - and could deprive them of a lot of talent

No standing still

President's message: the Society urges members to become involved in the initiatives to create a revitalised representative organisation

A new regime for financial advice

Changes in regulation, taken with new forms of business structure, will provide more options for solicitors to offer services on a broad front

United we stand?

Two consultants discuss what is needed for a practice merger to be a successful strategy to combat the recession

Watch your local trend

Registers of Scotland's quarterly house price release now includes average price information by house type for each local authority area

Cash flow: the five essentials

Reporting on the 2008 Cost of Time Survey, key statistics are highlighted, control of which will improve a firm's cash flow - and its prospects

Secure our future

A call to support this year's World Intellectual Property Day in April

Opportunity lost?

Home reports are defended against some of the recent criticisms, as the Journal collects initial comments on how the market has changed

The kilt doesn't quite fit

Practical difficulties under Scottish procedure for bringing company derivative actions, and the court's approach in the first request for leave

We can work it out

Initiatives are open to firms and individual lawyers to reduce the threat of redundancy - or to take the next steps if it happens

Asset in recovery

As the Society promotes the qualification for insolvency practitioners, some insolvency lawyers talk about their work and what it needs

Law reform update

A roundup of some of the many projects currently being undertaken by the Society's team

Be your own money saving expert

Author shares some stratgies that have enabled his property firm to adapt to current market conditions

Skeleton crew

Those files you can't bear to open, but which could turn nasty if you don't, could well benefit from a fresh pair of eyes

Ask Ash

Advice for a newly qualified solicitor worried at the responsibility they are being asked to assume

Only half a step

The interim report Digital Britain sets out some important objectives, but falls short when it comes to ways of achieving them

Learning experience

Some suggestions on how to learn lessons from and minimise the risk of recurrence of a claim against the firm

Too late, too late?

Latest civil cases, including unreasonable delay; late amendment; recovery of documents; summary decree; expert witnesses; expenses

Variations and the three year rule

The rule preventing review of an agricultural rent within three years of a previous variation is giving rise to some practical problems

Fruits of their labours

For the first time employees have won a legal action for a share of the benefit accruing to their employer from an invention of theirs

Death of a claim

The first decision on quantum of a claim by a cohabitant for post-death financial provision has gone against the claimant

All part of the game

The Inner House has clarified the test of liability for sporting injuries, but compelling evidence is likely to be needed for a case to succeed

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Steven Angus Anderson; Kenneth MacQueen Hill; Jacqueline Marie Johnston; James Joseph McGinley and Anne-Marie McGinley; Graeme Crombie Miller; Taco Frank Nolf

Website review

Spotlight on the two main client review legal directories

Book reviews

Review of Evidence: Principles, Policy and Practice (Raitt)

Just whistle while you work

The issues that in-house advisers should be aware of in relation to whistleblowing

Performance review

Concerns remain over the certification process for energy performance certificates, and the monitoring regime