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From the archives - November 2012

The discount rate debate

Why the discount rate applied in assessing future damages has become a hot topic, and the moves underway to try to secure a better deal for pursuers

Weighted scales

Why defence lawyers in legal aid cases are at a disadvantage in obtaining expert forensic evidence

"Mere squatters"?

Discussion of the decision in Morris v Eason, and the status of a partnership occupying subjects without a formal lease

Extended, modernised and improved?

Coinciding with National Adoption Week, an examination of the extent to which the objectives of the Adoption and Children (Scotland) Act 2007 have been met

Reading for pleasure

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

Opinion column: Andrew Todd

The "Facebook trial" is an unfortunate example of laws designed to protect the weak being used to pick on the weak

Council profile

Introducing two new members of the Society's Council: Lynda Towers and Paul Matthews

Book reviews

Reviews of Everyday Life in British Government (Rhodes), Conveyancing Practice in Scotland (Sinclair and Stewart)

President's column

A recent Society event provided an education on the experiences of LGBT members of our profession, and a reminder of our duty to promote diversity and challenge inequality

Crofting Register is all set to go live

Registers of Scotland page: what will have to be included in the new register, and when, after it comes into force at the end of the month

Ends of justice?

Apart from the corroboration, support for other aspects of the Government’s proposals based on the Carloway review is far from unanimous. We survey some leading submissions

A debt lifeline?

Recent changes to the Debt Arrangement Scheme have increased its usefulness to debtors, while providing a means for creditors often to obtain more than they would on an insolvency

Criminal injuries in the UK - how to make a claim

Sponsored Feature, in association with InjuryLawyers4u

LPOs: the next level of help

Legal process outsourcing is coming to Scotland and it is time to get rid of the myths and misconceptions surrounding the idea

The age of equality

An important change in equality law came into force last month with the extension of the ban on age discrimination into services, public functions and associations

Human rights: a call to action

The Scottish Human Rights Commission has published a review of the whole field of human rights in Scotland. Its main recommendation: a National Action Plan for Human Rights

Screen test

How do witnesses fare with video identification parades, and are police forces following good practice? Researchers into real cases on both sides of the border present their findings

Further, faster, smarter

What are the next big moves expected in the legal IT market? The Journal's latest IT survey asks how established firms can equip themselves to respond to new online providers

Drop dead date

Latest civil cases, including cohabitant claims; expenses; arrestments; caution; summary decree; amendment; appeals; reduction; actions for repossession; liquidation

Shares for rights

The proposed new status of employee owner, and some practical points raised by the plan

Vive la difference?

Will the Law Commission for England & Wales recommend any moves towards the Scots law on financial provision?

Automatic? For employers, not quite

Practical advice relating to the current stage of the pensions auto-enrolment regime

Scottish Solicitors' Discipline Tribunal

Report relating to Christopher Martin Campbell

All change at ILG

This year's annual conference marked the beginning of a new era for the In-house Lawyers Group, in more ways than one

Factoring in good practice

The Property Factors (Scotland) Act 2011, now in force, has been welcomed as providing clarity for homeowners and factors alike

Worker or partner... what's the difference?

A new Court of Appeal decision has cast some light on the rights of partners and LLP members in relation to their firm

Ask Ash

Advice column: Someone is spreading rumours about me. How can I stop them?

Service game

The Society has a new campaign to promote the services offered by its members

Medical law: committee appeal

An appeal for members to serve on the newly formed Health and Medical Law Subcommittee

Law reform roundup

Recent work of the Law Reform Department, including on charitable donations, self-directed support, Groceries Adjudicator, financial services; criminal verdicts; crime and courts; environment

Reality checks

Frequent questions, persistent myths and misconceptions concerning Master Policy cover, and the current claims experience

Business radar

Responding to those "left field" events: initiating or responding to a merger proposition

From the Brussels office

Recent developments in the EU, including in-house lawyers; banking reform; Energy Efficiency Directive; limitation in road traffic compensation claims