Back to top
From the archives - August 2010

From Cadder to Calman via Constitution

President's message: the summer has proved a busy season as discussions continue on key matters affecting the profession

We can make the bill work

Outstanding issues regarding the Legal Services (Scotland) Bill can be resolved before it is passed

The Cadder effect

How the right of access to a lawyer during police detention interviews currently operates under English law, and some questions that remain to be answered; plus comment on Scottish developments

Bio Quarter: a case study

A complex transaction now undergoing registration demonstrates the value of solicitors discussing requirements with RoS in advance

Budgets of many colours

First of two articles on the main tax changes announced before and since the General Election, in which tax rises for nearly everyone are on the agenda

Been there, done that

Interview with Steve Mark, Legal Services Commissioner for New South Wales, where alternative business structures have been permitted for 20 years already

Gill and the consumer

The Civil Justice Advisory Group, whose work preceded Lord Gill's civil courts review, has reconvened in order to consider the effect of the review's recommendations on the consumer

Smoothing the path

How the Civil Legal Assistance Offices work alongside private practices, and other agencies, to improve the availability of legal advice

Net yourself a baby

Surrogacy has been in the news lately, and arrangements are becoming more common – with risks to all concerned

What's in a name?

The forthcoming ISO Standard 10668 is expected to settle longstanding questions of how to undertake brand valuation – and write in a significant role for IP and other lawyers

Inspiring change

Interview with Margaret Morton, solicitor turned head of investor relations in venture philanthropy organisation Inspiring Scotland, who seeks support for their programme to alter the "social landscape"

Further work in hand on constitution

Council expected to ask for redraft before proposals put to the vote

Faculty support on the agenda

What the Society's representation and support arm can offer local faculties of solicitors

PCC's first year of "unsatisfactory" complaints

Professional Conduct Committee's work considering complaints of unsatisfactory professional conduct in the year since the first such case was dealt with

From the Brussels office

Recent EU developments on the Services Directive; e-justice portal; maximum fees for lawyers; victims' rights; accused's letter of rights

Learning in context

Government lawyers' school visits have been helping children become confident individuals and responsible citizens

Paper, pixel and process

Research into communication in the legal profession on both sides of the border has found some marked variations in the use of electronic means depending on the type of recipient

Growing cloud

Another practice enabling solicitors to work via cloud computing with administrative support is just launching

Ask Ash

Advice corner: what is the best time to break the news of my pregnancy when I have not long joined my present employer?

PQE: Post Qualification Equality?

The Equality Act 2010 will bring a renewed focus on potentially discriminatory employment practices – such as the continued use of PQE figures in many legal job ads?

Technology to the rescue?

Some of the risks and rewards, from a risk management perspective, that accompany the adoption of technology by solicitors

"Definitive" approach

Latest criminal cases, including sentencing for child pornography; breach of the peace

Threat, or opportunity?

Scots law is becoming increasingly isolated in Europe by denying access to a lawyer during police detention, and should be looking to adapt

Equality for all?

While much of the Equality Act 2010 restates existing law, its provisions to harmonise and strengthen the law make a review of employers' policies advisable

Time to take a stand?

A recent contact case has considered the abuse provisions introduced by the Family Law (Scotland) Act 2006

A burden discharged

One of the few reported cases on division and sale of a matrimonial home has clarified the application of the law

The promise of certainty?

The Bilski patent appeal in the US failed to deliver the hoped-for clarification of the patentability of business methods and softare, but may yet produce longer term benefits

A future for crofting

A bill now passed by the Scottish Parliament will set up a new Crofting Register and make other important changes to the law

Final tally

A review of the options available to final salary pension scheme employers to reduce costs going forward

Website review

Websites of the "big 5" law schools in Scotland

Book reviews

Reviews of Money Laundering (Brown); Nature Conservation Law (Reid)

An easy way to give?

Charities are often required to grant standard securities in favour of substantial funders, but these can present unexpected issues for the unwary solicitor, perhaps acting pro bono

Three cheers for iPad

One solicitor/estate agent was quickly sold on the new gadget as a way to do business