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From the archives - October 2011

Frank Maguire: an appreciation

Tribute to the campaigning solicitor, born 4 October 1955; died 17 September 2011

The Society's new corporate plan

Chief executive's presentation to the special general meeting, 23 September 2011

Budgeting for 2011-12

Treasurer's presentation to the special general meeting, 23 September 2011

Shooting the carrier

Commentary on the "Newzbin 2" case, in which rights holders were allowed to force an internet service provider to block its customers’ access to an entire website

Future of adventure activities licensing

Response to the HSE consultation on the subject, arguing that there is a continuing need for an independent regulatory authority in this area

A year in mortgage recoveries, and oh what a year!

A look at the turbulence in the law in this area over the past year, and the recent Scottish Government consultation exercise

A clearer lending code

The main changes to the "good practice" code, following the review by Professor Lorne Crerar

Land of myths and (occasional) legends?

An attempt to map out some unclear areas of the law regarding common good land

Crofting briefing

Effect of the provisions of the Crofters (Scotland) Act 2010 that came into force this month

Reading for pleasure

This month's selection of leisure reading chosen by the Journal's Book Review Editor


The McCluskey Review proposal requiring a certificate from the High Court to enable appeal to the UK Supreme Court, would act as a barrier to individuals seeking to enforce their Convention rights

Book reviews

Reviews of Evolution of the European Convention on Human Rights (Bates); Human Rights Law and Practice (Lester & Pannick)

Council profile

This month's Law Society of Scotland Council member profile: David Newton

President's column

The spending review and the Scottish Government's legislative programme are two issues posing an early challenge under the Society's newly published strategic aims

Foreign and different

Registers of Scotland's first briefing this month covers standard securities by overseas companies, title conditions, and a reminder not to submit photocopy certificates

The price is right

Experience shows that firms that are willing to deploy intelligent pricing strategies can not only survive but prosper, without having to compete on price

Into his stride

Interview with Chris Smylie, Maclay Murray & Spens' new chief executive, who gives his views on the business outlook and the impact of ABS in England & Wales

Do not cross

Implications for practitioners of the new statutory framework governing disclosure of information in criminal proceedings, which places considerable duties on both Crown and defence

All aboard the Land Register

The Minister for Energy, Enterprise and Tourism, and the Keeper of the Registers, highlight the availability to solicitors and their clients of voluntary registration

As easy as 10%?

Annual charities update, covering the Budget's proposed incentive to charitable giving; a Q&A on SCIOs; and conflicts of interest in relation to charity trustees

Definition under strain

Latest criminal cases, including fireraising and homicide; delay in relation to sentence; incrimination; punishment parts

Another round

Good and bad points of the Alcohol (Scotland) Act 2010, in force this month

Honest and reasonable?

By pursuing a tax efficient reward scheme, a director was found to have failed to act in the interests of his company, which later became insolvent

Demolition derby 2

Scottish ministers have revoked their previous direction which removed much demolition from the definition of development: when is planning permission now required?

From the other side

A partnership between a commercial company and three legal firms is proving beneficial to trainees at each of the organisations involved - and their employers

In-house Lawyers Group under review

Report of the "Emerging Thinking Conference", reviewing the position of the ILG within the Law Society of Scotland

Necessary formalities

Will a delay in taking entry give rise to a liability to the seller? Not always, as one recent case illustrates

Practical limitations

Some frequently asked questions on solicitors limiting their financial exposure liability to clients (part 1 of 2)

Remember, remember... the first of November

A reminder of the important regulation changes that take place next month

"Storm not over yet", Cunningham tells conference

Report of the Society's event "Law in Scotland – One Profession"

Constitution: new proposals for AGM

The Society has agreed a revised timetable which will see a proposed new constitution brought before the AGM next May

From the Brussels office

Latest EU developments on domestic violence protection orders, and criminal justice (victims' rights)

Screen test

Could the next step in online legal advice be for clients to compile their own documents and run them past their lawyer? One Scottish firm is now offering exactly that

Ask Ash

Advice column: I don't feel secure in my position on returning to work after maternity leave. What should I do?

SYLA appeals for advisers

New support initiative for trainees facing wrongful treatment

Full schedule

Key measures of the Scottish Government's legislative programme for 2011-12, as respects the work of the Society's Law Reform team