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From the archives - December 2011

Involving the named person

The role of the named person under the Mental Health (Care and Treatment) (Scotland) Act 2003, and possible changes being considered by the Government

Private investigators - mitigating the risks

In the unregulated world of private investigators, the Association of British Investigators is attempting to maintain ethical standards, and with them the business reputations of instructing firms

Human inventions

Discussion of the ECJ ruling on the patentability of processes relating to embryo stem cell research

Smoother passage

A level playing field for airport users is one of the aims of new charges regulations governing operators of major airports

Rough law of the street

Author challenges the current legal approach to outdoor prostitution in Scotland, as conflicting with the political approach to it as violence against women

Council profile

This month's Law Society of Scotland Council member profile: Bruce Beveridge


Volunteering to represent destitute asylum seekers has revealed a parallel universe alien to the justice system with which most lawyers are familiar

Book reviews

Reviews of Drafting for Succession (Kerrigan); The Evolution of EU Law (ed Craig & de Burca)

President's column

From a month that has taken in a trip to the northern faculties, and the latest Admission Ceremony, Lord Carloway's proposals will require the most ongoing work

Mapping in the Land Register

Registers page: Registers of Scotland has joined with other interested bodies to create a forum to consider best practice in all plans matters relating to registration of titles

Alien concept

In one consultant's view, overriding the wishes of a small child resolutely opposed to contact with a parent will in most cases result in bonds being forged

Size does matter

The Journal's 2011 employment survey, in association with Thorpe Molloy Recruitment, shows up some sharp contrasts between sectors, despite a stable overall picture

Case proved?

Interview comments from Lord Carloway, and other interested professionals, on the main recommendations in his review of criminal procedure

Reading for pleasure

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

Relocation revisited

The Inner House decision in the SM v CM child relocation case marks out a distinct position for Scots as opposed to English law

Where Parliament fears to tread...

Separating cohabitants in England & Wales still await legislation to support a financial claim, but the Supreme Court has recently advanced their cause

Cadder's growing family

Latest criminal cases, including police interviews; wilful acts and murder; search warrants; DNA samples

Landlord splits

A new Outer House decision has set out the rights of joint landlords in relation to one another, and how resumption may be effected

Five-year-old experts

The first case of its kind to come before the European Court of Justice sheds light on the infringement of community registered design rights

Common sense to the fore

Discussion of Phee v Gordon, on the liability of a golfer and golf club to a player injured by a driven ball

Beware: earn-outs

Earn-out clauses are an established feature in the sale of a business, but negotiating their terms is fraught with difficulty

Steering with one hand

The role of in-house lawyers, and their external advisers, in employment law matters has become much more risk-focused than formerly

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Paul Saunders Jardine and Gordon Alexander Phillips; Annaline Webster; Ms A

Missives in motion

A new edition of the Combined Standard Clauses for Edinburgh and Glasgow solicitors has been produced only two years after the initial version, to keep up with the ever-changing legal picture (fuller article)

Constitution on track

Society working party on course for proposed February consultation

From the Brussels office

Copyright protection extended for music recordings from 50 to 70 years

Law reform update

Recent work of the Society's Law Reform Department, including Carloway review; UK Bill of Rights; parliamentary procedures

Ask Ash

Advice column: my colleague seems jealous over my promotion - how do I deal with her undermining actions?

Outside the box

Fresh thinking is needed in relation to the Diploma, in the wake of the Scottish Government announcement that no more grant-funded places will be available