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From the archives - November 2011

The role for pro bono

Despite challenging economic times, there are great benefits to Scottish lawyers in properly planned pro bono work, as experience with the National Autistic Society’s Education Rights Service has shown

Rectifying trusts – a Scottish perspective

Compared with England, Scotland has a reasonably straightforward procedure for correcting errors in a trust deed. A recent case of the authors’ is instructive

Squeezing capital claims

HMRC proposals on capital allowances will have a significant effect on all sectors investing in plant and machinery, and mean added due diligence work for property lawyers

The many faces of mortgage fraud

Mortgage fraud has become highly sophisticated, requiring lenders, solicitors and others to work together to minimise the risk. A recent conference discussed the latest developments

Welcome break or cause for concern?

A comment on the employment tribunal reforms announced last month by Chancellor George Osborne


In its consideration of the European arrest warrant, the Scott Baker review of extradition law makes useful points in some areas but fails to address a number of others

Reading for pleasure

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

Book reviews

Reviews of Scottish Debt Recovery – A Practical Guide (Cowan); Scots Criminal Law (Cubie)

Council profile

This month's Law Society of Scotland Council member profile: Eileen Sumpter

President's column

International as well as domestic work has occupied the past month – along with much time spent visiting the Society's members in their local faculties

Beware what you register

Registers of Scotland page: a document recently submitted was found to contain personal information that should not be disclosed

Justice inside and out

Does prison work? Are we still locking up people who would be better dealt with in other ways? The Journal met humanitarian champion Terry Waite, in Scotland to deliver the Sacro annual lecture

Auto-enrolment: are you prepared?

The new pension provisions in force from next year will affect solicitors not just as individuals but as employers

Power and authority

The Supreme Court ruling in the "pleural plaques" litigation made important rulings on the scope for judicial review of legislation, and standing in public law proceedings, as well as on the Act itself

Refining the message

The constantly changing uses of social media mean that employers need a regularly updated and communicated policy on what employees can and cannot do, inside and outside working hours

Seeing through the cloud

The Law Society of Scotland is working on guidelines for solicitors seeking to operate through cloud computing-based services

Don't drag out child cases

Latest civil cases, including children; diligence on the dependence; delay; interim interdict; interest; division and sale; bankruptcy; lay representation; party litigants; expenses

Up to the job?

The importance of managing performance and capability issues so as to avoid unfair dismissal or other claims

Permanence changes

Some of the cases before the courts in recent months dealing with permanence orders

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Peter McDowall Murray and Andrew Alexander Murray; Gregor Kerr Robertson Mair

LGPS: sea change again

Forthcoming amendments to the Local Government Pension Scheme could have a significant impact on employers and employees

ILG takes on risk

A flavour of the In-house Lawyers Group annual conference, where risk and compliance was the theme

Real burdens revived

Barker v Lewis caused a stir over the enforceability of real burdens, but a Lands Tribunal decision suggests something much closer to the traditional view. What is the law now?

Practical limitations

How solicitors may effectively implement a limitation on their financial exposure to clients (part 2 of 2)

CPD: how to comply

Practical advice on how to fulfil the CPD requirements under the newly revised rules

Law reform update

The Scotland Bill clause 17 changes to the position of the Lord Advocate, and legal aid reforms following the Government's spending review, were the main features of the Society's law reform work in October

The learning curve

Advice for trainees on the importance of their quarterly reviews - and ongoing feedback

Ask Ash

Advice column: I'm not enjoying my new job - should I go back old friends at my former firm if a position comes up?

Inside story

How a former oil and gas lawyer ended up sitting in legal aid negotiations with the Scottish Government: a view of the Society's legal aid work from the inside