Back to top
From the archives - June 2011

Breaking new ground

President's message: Priorities for the new presidential year involve the ongoing reforms, within the Society and driven by Government

A&A accounts and abatements

Letter on SLAB's treatment of items charged under advice & assistance, with reply from the Board

What price privacy?

Opinion that the real issue surrounding the "superinjunction" debate is not the law of privacy but how the courts make it interact with the right to freedom of expression

Power struggle

The various proposals recently put forward for reforming the role of the UK Supreme Court in relation to Scots criminal appeals, in light of the current controversy. Includes interview with Advocate General

Rural peace?

Registers of Scotland page: urban-rural property comparisons; SDLT changes

Damages for our times

The main changes made by the Damages (Scotland) Act 2011, which re-enacts the legislation covering damages for wrongful death but with some important differences

Grief revalued

An update of the recent feature on jury damages awards, discussing the first case where a judge was asked to apply the higher levels of recent awards

Up to speed?

Trainers' perspectives on the new professional training regime, and whether it is likely to deliver entrants who are better qualified and better aware of what is expected of them

Into Africa

The challenges facing the Law Society of Malawi, whose chief officer has been on a fact finding visit to Scotland; and one Scots lawyer's account of his visit to that country

Expenses review opens with invitation on issues

Review of Expenses and Funding of Civil Litigation in Scotland, under Sheriff Principal Taylor, invites contributions form the profession as to where they consider change is required

Law reform update

Recent work of the Society's Law Reform Department, featuring EU contract and property; devolution; "red tape"; trusts and succession; compulsory purchase; and more

From the Brussels office

Latest EU developments on freedom of establishment (lawyers and notaries); European Patents Court; contract law

Dundee students join advice network

An appeal for support from the profession for the new Dundee student-led advice clinic

The learning curve

Article for trainees: when those inevitable mistakes occur, you have more chance of retrieving the situation if you keep a cool head

Ask Ash

Advice column: how can I help my colleague who says she is receiving unwanted sexual attention from our boss?

Guiding hands

How to strike the right balance in providing leadership in a law firm where professionals often work best when allowed to self-manage

Marriage made in heaven?

Special feature: combining the capabilities of "cloud" and mobile computing is the aim of one business with a suite of products designed for the legal sector

Email on the spot

Risk management article highlighting some of the common problems arising from email communication

One for the accused to prove

Latest criminal cases, including diminished responsibility; apparent bias; waiver of Cadder points; punishment parts in sentencing

Going for growth

The Hargreaves Report proposes some significant reforms to IP law, but is there the political will to implement them?

A brake on termination?

An English appeal decision has extended the principles of gratuitous alienation and unfair preference to possibly unexpected circumstances

The colour yellow

A look into the crystal ball for farming-related matters likely to come before the new Parliament

All change on the croft

Provisions coming into force on 1 July 2011 amend the law regarding the acquisition and disposal of croft land

Natural justice in play

A recent case involving the Scottish Football Association has underlined the importance of procedural fairness in disciplinary hearings

Website review

A look at the websites of some of the bodies that come under the umbrella of the Scottish Tribunals Service

Book reviews

Reviews of Civil Jurisdiction (Maher & Rodger); Adoption (McNeill & Jack)

A time of opportunity

Scottish Borders Council's legal team's efforts this past year to "unlock potential and deliver outside the box" are adding real value to the council, and have won recognition in a UK-wide award scheme

Rural property - Who wants to be a green wellie conveyancer?

Introducing the Journal's special feature, an overview explaining how rural property has become an area of complex transactions in a changing legal environment

Rural property - Buying and selling: pitfalls and problems

Rural property transactions bring a unique set of potential difficulties to trap the unwary

Rural property - In the taxman's sights

HMRC have their eye on inheritance tax claims to business property relief and are alert to circumstances that may deny a claim by a landed estate

Rural property - Farm tenancies: more changes imminent

An outline of the Agricultural Holdings (Amendment) (Scotland) Bill, on which there is a short time left for representations

Now we are 10

As it celebrates its 10th birthday, the Property Standardisation Group is quietly proud of the revolution it has brought about in commercial property transactions