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From the archives - March 2012

Capacity and undue influence

The Mental Welfare Commission report on the case of Mr and Mrs D raises important issues for every solicitor instructed to prepare or certify a continuing or welfare power of attorney

Tolent clauses in construction contracts

Recent legislation seeks to invalidate “Tolent” clauses (on adjudication costs) in construction contracts except in limited circumstances, but its scope is the subject of debate

Mending the safety net

The Loefstedt report into the UK’s health and safety regime has identified a number of ways in which it could be improved, while reducing the burden on businesses

Keeping it in the family

A comparison of the broadening range of non-court models available to family lawyers in finding the right option for settling their client’s dispute

Speak with impact

Everyone has the capacity to deliver a polished presentation if they use the right toolkit

The complication of tax simplification

Updated comment on the future for capital allowances, and the due diligence that will be needed

Reading for pleasure

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

Opinion column: SIHRG

A group of solicitors working to support the defence of human rights worldwide is looking to increase its support in Scotland

Council profile

This month's Law Society of Scotland Council member profile: Graham Matthews (Aberdeen)

Book reviews

Reviews of Currie on Confirmation; Anton's Private International Law

President's column

The profession in Scotland cannot afford to stand still in the face of regulatory change south of the border, as cross-border practice increases

The price is right?

Registers of Scotland page: a reminder that the price stated in the disposition and application for registration of a newbuild house should be the price actually paid, after taking any incentives into account

Learning on the slate

Views on the likely impact of the Scottish Government's switch from grants to loans for Diploma students, which means some funding for all but a cut for some who might need the support

A better way to talk

As they prepare for Scotland to host a major international conference on collaborative practice, Cath Karlin and colleagues interview on why it isn't just family lawyers who should be interested

Plain sailing?

Trade mark issues, and possible implications for other goods, arise from the moves in the UK and elsewhere to require tobacco products to be sold in plain packaging

Kilbrandon in the 21st century

Impact of the significant reforms to the children's hearings system that will take place later this year when the Children's Hearings (Scotland) Act 2011 comes into force

Who's who in banking and finance

Despite fears to the contrary, the recent travails of the Scottish banks have not restricted the demand for specialist legal expertise in banking and finance from the profession in Scotland

Corporate speak

Latest civil cases, including company right of audience; res judicata; reduction of decree; expenses; jury trials; family actions; sequestration; appeals

Here we go again...

Overview of the decision in Morrison-Low v Paterson's Executors on single farm payment and the methodology to be used in 1991 Act farm rent reviews

Deadlines in negotiations

Deadlines, real and invented, are often used in negotiations, but can be particularly relevant in sport, given its time-sensitive nature

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Malcolm Keith MacAulay Cameron (s 42A appeal); Alastair Lindsay Cowan; Joy Patricia Dunbar; George A M Sandilands

Shuffling walnuts?

Legal procurement exercises can be a bit of a con, and may tend to act against good relations between clients and adviser firms

A bold step forward

Two aspects in particular of the Land Registration (Scotland) Bill, relating to advance notices and e-missives, are likely to have an impact on conveyancing practice (fuller article)

Action to safeguard vulnerable clients

Action following the Mental Health Commission report on the case of Mr and Mrs D

Buildmark acceptance goes online

New system scheduled to go live early in second quarter

Law reform roundup

Recent work of the Society's Law Reform Department, including Scottish referendum consultations; children's hearings; mental health and disability; employment

Escape from disaster?

Despite the number of potentially harmful events of recent times, many businesses have still to develop and implement effective business continuity management plans

Ask Ash

Advice column: What can I do to counteract my manager's poor personal hygiene?

Update branches out

Interview with Update manager Sarah Prior about the new slate of training opportunities to meet solicitors' CPD needs

Business checklist

Bullet-point tips on the tough questions that need to be asked. This month: the business proposition

Work, the deciding factor

Providing a short spell of work experience in a legal office can be a valuable help to a student trying to decide whether to commit to the Diploma - and might benefit the firm too