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From the archives - September 2010

The renaissance of Scottish arbitration

Address to arbitration conference in June 2010: why the Arbitration (Scotland) Act 2010 offers new opportunities for Scottish lawyers

EU Civil Justice Supplement

A Law Society of Scotland Supplement to mark EU Civil Justice Day 2010

Home of innovation

President's message: while Scottish solicitors face an increasing pace of change, others recognise that we are often providing a lead

Life at the sharp end

A shocking contrast exists in some sectors between the employment rights taught at university and those actually practised

Will you still need me?

Can a firm achieve a non-discriminatory retirement policy that balances the ambitions of associates with those of partners nearing retirement?

Standovers stood down

Registers page: a reminder of the revised standover policy now in force; and updates on the Crofting Register and Scotland's house prices

Nasty medicine

Part 2 of this year's overview of the Finance Acts (to date), covering VAT and other business taxes, taxes on land and anti-avoidance measures

Surprise results?

The tax planning measures made most attractive by recent Budgets carry a risk of unintended consequences in the event of a future divorce

Business leads

Interview with Linda Urquhart, chairman of CBI Scotland, about representing business, and business views of the legal profession

Green growth

Another feature highlighting expertise in an emerging specialist field brings you profiles of leading lawyers working in renewable energy

Child's play?

Report of the Society-hosted debate at this year's Festival of Politics, on whether law should be taught in schools, and if so, how

Law reform update

Recent work of the Society's Law Reform Department, including the Historic Environment Bill; Wildlife etc Bill; damages for wrongful death; penalty clauses

Approval of our peers

The profession achieved an excellent pass rate in the legal aid peer review cycle now concluded, but a few matters need to be flagged up

A two-in-one measure

Outline of the Criminal Justice and Licensing (Scotland) Act 2010, and where the Society's committees managed to make a difference to the bill

Society and LBC launch business support package

New package of support for law firms to help them focus on strategies for growth

Ask Ash

Advice corner: should I attempt to set the record straight regarding my contribution to a project?

Paper, pixel and process

Part 2 of this account of communication in the legal profession outlines some attitudes to digital versus paper, and offers some explanations of their significance

It could happen to you

"We have systems in place, so nothing should go wrong." Or could it? RSA, the Master Policy lead insurers, provide some cautionary tales

The good and the bad

Latest civil cases, including abuse of process; title and interest; res judicata; delay; time bar; expenses; interdict; sequestration

Voyage of the endeavour

"Reasonable endeavours" and similar phrases are commonly found in commercial contracts, but their meaning is elusive

Keeping an eye on the competition

The Specsavers v Asda trade mark case illustrates the fine line between fair competition and taking unfair advantage of a competitor's reputation

Courting controversy

A flurry of significant decisions from the courts has led to this fuller than usual agricultural briefing

Parting: such sweet sorrow?

Another TUPE case dealing with legal services has decided that the work transferred did not bring the employees within the regulations

Website review

Reviews of websites dealing with professional support for family businesses

Book reviews

Reviews of Legal Education and Training (Hardee); Sexual Offences (Scotland) Act 2009 (Brown); Road Traffic Sentencing Referencer (Morrison & Crowe)

All change for annual conference

This year's In-house Lawyers Group event has a new venue and a more sector-focused format

Wriggle room?

Recent case law suggests that those who seek to resile from missives on the basis of allegedly onerous title conditions may find this more difficult than they think

Land risks and client value

Increased public awareness of environmental issues, and the resulting client expectations, should make solicitors proactive in addressing such risks in transactions