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From the archives - January 2010

Forward thinking

President's message: the challenges that the Society's next office bearers will face - and a promise that your current President isn't finished yet

Renewal of transitional guardianships

Letter in response to article in the November 2009 Journal, explaining why there is no absurdity in the renewal provisions

End the navel-gazing

Home reports have helped revive the property market - says a convert

Who speaks for lawyers?

Scrutiny of the Legal Services Bill has given rise to questions about the ABS reforms, and the role of the Law Society of Scotland itself

Reasons to be hopeful

The Society's third High Street Conference presented a picture of a more stable business outlook, especially in the property market

The full picture

Registers page: RoS's information services provide the fullest picture of the Scottish property market, and can be tailored for customers

Hearing and speaking

Additional provision for legal representation at children's hearings should enable them to fulfil better the purpose for which they were created

Law of unintended consequences

Pitfalls for solicitors who hope to use the provision for having a guardianship appointment renewed without a court hearing

More prejudicial than probative?

A critique of violence risk assessment of offenders using actuarial tools, due to their limitations in predicting the future behaviour of individuals

One giant leap

Familiarity with ARTL may lead solicitors to forget its world-leading status. Its official launch reminded us what has been achieved

If the cap fits

Liquidated damages clauses have seldom been struck down as penalties in modern cases, but still give rise to issues in litigation

Half a century of strife

The times that led to the creation of the Glasgow Bar Association, 50 years old and still championing the cause of the underprivileged

From the Brussels office

Updates on implementation of directives; free movement of trainees; consumer rights; travel packages; European private company

Law reform update

Updates on Legal Services Bill; Home Owner and Debtor Protection Bill; EU and succession; Alcohol Etc Bill; constitutional law papers

Send in the SaaS

Cloud computing, or Software as a Solution (SaaS), is still the subject of debate, but has proved to be the way to transform one small firm

Ask Ash

A solicitor faces a dilemma over whether to organise a leaving collection for a colleague with whom she does not get on

Words and sentences

Those who hold others' personal data should be alert to pending increased sanctions for misuse of such data

Two in one

Latest civil cases, including separate defenders and conclusions; jurisdiction; res judicata; decrees; expenses; contempt of court; summary causes

Enough to turn you to drink

The recently published Alcohol Bill contains potentially draconian provisions, and many points need to be clarified

Uncertain security

Difficult practical issues arise for landlords seeking to enforce a hypothec for rent, and vary with the type of insolvency process

Protections with legs

Developers must be aware of the regime for protecting certain animal species found on a site, a subject coming under increasing scrutiny

Working for the estate

Important issues are involved in the administration of an executry, where the deceased was a direct personal employer

Home defences

Solicitors who see clients at home need to be aware of recent regulations for cancelling contracts

Splitting from the taxman

A sharp eye is called for when considering the tax consequences of settlements following separation

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Douglas Peters (s 42A appeal); Steven Brown

Website review

Another visit to some family law websites

Book reviews

Reviews of Law of the European Convention on Human Rights (Harris et al); Judicial Reasoning under the Human Rights Act (Fenwick et al); Actions Against Public Officials (Moules)

Route to freedom

The effect of the important Court of Session decision in freedom of information in the Glasgow and Dundee appeals, and some related developments from south of the border

Steady as she goes is market forecast

A more settled outlook for the property market in 2010 is predicted across central Scotland