Back to top
From the archives - September 2011

Maxwell Fyfe and the origins of the ECHR

An account of the birth of the European Convention on Human Rights, and the influence of its co-author, the Scot Sir David Maxwell Fyfe

Introducing the European Law Institute

New body aims to bring together lawyers involved in legal scholarship

Social media are here to stay

... and it's why employers need a social media policy

Property points

Fuller information on property matters from the Society, reported in the Journal magazine this month

Paving the way for a new approach to elderly care

The Dilnot Commission on the funding of personal care for the elderly in England & Wales has produced some carefully considered proposals which deserve attention on both sides of the border

Fair trial for the European Court of Human Rights

Some myths in common circulation about the European Court of Human Rights, which need to be dispelled for proper public debate to take place

Stalking: the hidden dangers, the silent crime

Stalking is a dangerous crime, devastating to its victims, but one which has been poorly understood and without doubt minimised

Paul Wade: An appreciation

Tribute to the litigation solicitor, born 19 March 1953; died 31 July 2011.


Pressure from those who seek free internet access to copyright material should be resisted, to protect an important sector of the economy

Book reviews

Review of Family Law in Scotland (Thomson) - fuller version

Reading for pleasure

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

Council profile

First in a series of profiles of individual members of the Law Society of Scotland's Council: Ian Bryce

President's column

Progress on the police station duty scheme shows what can be achieved when the profession presents a united front to Government

Finger on the pulse

Registers of Scotland's online services enable you to assess the true state of the property market, whether across Scotland or in your own area

Sharper focus

Interview with Burness chairman Philip Rodney, who explains how he hopes to achieve growth despite predicting a flat legal services market

The ties that bind

Do administrative budget-saving measures pose a threat to judicial independence? One part-time sheriff believes they do

Trawling for revenue

Concluding part of the roundup of this year's Budget and Finance Act, looking at the changes affecting businesses, and land taxation

The generation game

Renewable energy is a booming sector, and one that provides legal work across many standard practice specialisms. We look at its potential

Through the hoops

Several recent civil cases have considered whether particular rules or statutory provisions have been complied with, or the effect of failure

Directors: to be, or not to be?

The different types of company director - de facto, de jure, and shadow - and when someone might be considered a de facto director

Shoe stoppers

The issues in the latest Scottish trade mark case, Schuh Ltd v Shhh... Ltd, and the court's approach

Selection blues

An autocratic management style is not a defence to an unfair dismissal claim, even at a football club

Conference calling

An invitation to join this year's in-house lawyers' big event, on risk and compliance

ARTL: is there a fix?

A call from an ARTL supporter for Registers of Scotland to improve its efficiency, and a response from RoS

Building a better Buildmark

A preview of the new online system for the acceptance of NHBC Buildmark warranty cover, planned to launch in April 2012

Secure knowledge

Why information security is important, and what we can do about it: risk management issues

Key changes in compliance

Points to note in the new accounts and accounts certificate rules, in force from 1 November 2011

Guarantee Fund costs change

The former Guarantee Fund contribution has been split into a Guarantee Fund subscription and a separate accounts fee

Law reform update

Recent work of the Society's Law Reform Department, including UK Bill of Rights; Scotland Bill; IP law; equality; bankruptcy; consumer credit

Strangers in the House

Profile of the Society's new non-lawyer Council members

Property points

Some important points for practitioners, compiled by the Society's Conveyancing Committee

Debt and asset recovery specialism goes live

Society's latest accredited specialism

Ask Ash

Advice column: how should I tackle bullying by a female line manager who does not treat my male colleagues the same way?