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From the archives - February 2011

Mutuality in action

A study of Forster v Ferguson & Forster in the light of previous case law

Tough choices

President's message: the difficult and ongoing negotiations on legal aid cuts, and the work to finalise the new constitution to be put to members, have dominated the past month

Show us the files

Opinion column asking why Scotland's police laboratories alone are refusing full disclosure of laboratory case files to defence experts?

RoS launch business eZine

Registers of Scotland announce an innovative communication tool that will enable users to select the area of most interest to them and have that content presented first

Rewards of the job

Results of the Journal's first Employment survey of Scottish solicitors, in association with Thorpe Molloy Recruitment Ltd, including gender pay disparities, benefits, and in-house versus private sector

Pressure points

Average profits in Scottish law firms fell by 11% in 2010, but some firms did quite well, as the first part of the analysis of the 2010 Cost of Time Survey reports

Measure for measure

The UK Government's recently published proposal for a minimum price per unit of alcohol is compared, from an EU law viewpoint, with the Scottish Government's policy which has now fallen

Rage against the machine?

Drafting errors and new legislation mean the colourful world of gaming machine law is in a spin

Second bite at the cherry

How the new provisions, shortly to come into force, for Crown appeals in solemn trials following an acquittal by direction of the judge, are intended to work

Personal injury trusts: benefits and PITfalls

The benefits, and some areas of potential difficulty, in using personal injury trusts as a vehicle for compensation awards where long-term personal care will be necessary

Countdown for Legal Aid Online

The latest position as the 1 April deadline for submitting all legal aid applications online approaches

Training: SYLA will play its part

The Scottish Young Lawyers' Association has a full and varied programme for members in this year of big changes in legal education and training

Law reform update

Recent work of the Society's Law Reform Department, with crime, contract, pensions, agricultural holdings, the Equality Act and the Reservoirs Bill all featuring

Branding or bragging?

A branding exercise won't work if its effects are only superficial, but if done properly it can reinforce a firm's values and its employees' commitment

The learning curve

First of a new series aimed at helping trainees climb the learning curve and, hopefully, the career ladder: on the importance of being organised, and of paying attention to detail

Ask Ash

Advice column: if you're struggling at work due to a bereavement and not getting much sympathy, what can you do?

Mediating retirement

Workplace mediation as the possible solution to how to broach the question of possible retirement with an older employee, post-default retirement age, without being accused of age discrimination

CICA - a question of timing

Risk management article on some of the time-limit issues which can arise from applications to the Criminal Injuries Compensation Authority

The evidence against

Latest criminal cases, including evidence against a co-accused; non-disclosure by Crown; sentencing discounts; appeals taking Cadder points

Fought all the way

The B v G child contact case highlights the need for additional measures to ensure the expeditious disposal of cases that cannot be concluded without proof

Family friendly

What effect on businesses will follow from the next changes in employment law designed to help families?

Stakes too high

A new decision by the European Court of Human Rights has profound implications for the conditional fee arrangement system currently operating in England & Wales

Much ado about plenty

Legislative changes, some dating back several years, are providing much work for pension lawyers in keeping schemes up to date

Limits of authority

Practitioners sometimes fail to appreciate points relating to the drafting of powers of attorney that can cause difficulties for banks

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to John Henderson & Sons; Alasdair David Mackie

Website review

Reviews of websites dealing with Scottish baronies, heraldry, genealogy, and tartans

Book reviews

Reviews of Delictual Liability (Thomson); Compulsory Purchase and Compensation (Rowan-Robinson)

Straight dealing

How far will the Bribery Act 2010 go in prohibiting what may have been accepted until now as normal business practice? Some points of difficulty and some recommended safeguards

Servitudes, developers and flexible rights

The implications of the decision in PMP Plus Ltd for the law of servitudes: there are ways in which servitudes can be combined with other rights to achieve greater flexibility in multi-unit developments