Back to top
From the archives - February 2012

Credit hire: a tug of war?

The main issues that arise over recovering credit hire charges for a replacement vehicle following an accident, a subject that generates much litigation

As others see them

A new child abduction case shows the Scottish court willing to look at the process that led up to a foreign court pronouncing an interim order in favour of the applicant party

Taking care of the dead

The Ministry of Defence found itself in a difficult position when a deceased soldier’s executor mother, and his wife, both claimed custody of his body. Where does the law stand?

Act like a trustee, think like a fund manager

Changes to investment rules have given charity trustees much greater freedom to invest, but with it an enhanced risk of poor returns, and a need for proper fund management

Beating the stress bug

Stress is now the most common form of absence from work, but good time management can make all the difference to your working life and stress level

Reading for pleasure

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

John McNeil, CBE, WS: an appreciation

Tribute to David John McNeil, property lawyer and former Law Society of Scotland President, born 24 March 1937; died 25 January 2012

Opinion column: Open Justice

Organisers of the project to increase public understanding of the Scottish courts, explain how Open Justice Week will work

Council profile

This month's Law Society of Scotland Council member profile: Jackie McRae (new lawyers)

Book reviews

Reviews of Social Work Law in Scotland (Guthrie); Conveyancing (Gretton and Reid)

President's column

The referendum has taken the headlines this past month, but important issues have also had to be addressed on regulation, and on lender panels

On the move

Registers page: changes to customer service centres; training accreditation; rejection fees

Between a rock and a hard place

The debate over how the profession should respond to mortgage lenders' solicitor panel moves, and whether it is time to require separate representation of borrowers and lenders

Tough times are still ahead

Despite an overall average increase in partner profits in the 2011 Cost of Time Survey, many firms are still facing very tough times

Care: a new direction

Cared-for people, and their carers and advisers, will have to come to terms with the challenges of personal choice under pending Scottish Government legislative plans

Officer class

Significant changes have been taking place within the officers of court profession, which now boasts a compulsory membership body and a new fee structure

Open questions

Current developments in the legal background to the independence referendum debate, and whether the Scottish Parliament has power to pass its own bill

Fuller benches

Latest criminal cases, including interviews in police detention; offensive weapons; sentencing discounts; commencement of proceedings

The limits of hearsay

The recent European Court of Human Rights decision on hearsay evidence illustrates the judicial dialogue that can take place with domestic courts

If you don't ask, you don't get?

A recent Inner House decision, Murdoch v Murdoch, has turned two broadly accepted principles regarding craves on their head

Fees: not so simple?

Practical points that need to be addressed regarding the Government's proposals for employment tribunal fees

Easing the debt block

Corporate restructurings that involve underfunded defined benefit pension schemes may now benefit from a new facility called a "flexible apportionment agreement"

Registering our concerns

While the Law Society of Scotland supports the principles of the Land Registration etc (Scotland) Bill, it is pressing for a number of amendments on points of concern

Room at the top

Interview with Alastair Maclean, who moved direct from big firm corporate partner to a senior in-house role at Edinburgh Council

The best of times, the worst of times

Why these are exciting times for local government lawyers, despite the pressures of spending cuts

Law reform roundup

Recent work of the Society's Law Reform Department, including Scotland Bill; Land Registration Bill; alcohol minimum pricing; criminal sentencing; and a round table event

Work and Cancer: employers’ toolkit

A new support package is available for employers to help them where an employee or their loved one has cancer

From the Brussels office

Updates on EU matters: data protection; cross-border ADR; criminal investigations

Post with caution

Some of the risks arising from the upsurge in the use of social media, both in and out of the workplace

Ask Ash

Advice column: I fear my colleague is saying things about me to others behind my back. What can I do?

The learning curve

Advice for trainees on what is needed to win a client's confidence in you as their adviser

Hear us, we say

Scottish Young Lawyers Association’s current thinking on the Diploma grants/loans issue; and a preview of coming events

Business checklist

A new series of quick bullet-point tips on the tough questions that need to be asked. This month: strategy