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From the archives - April 2012

Data protection principles and family practice

A family lawyer and the Assistant Information Commissioner explore practical data protection issues affecting family lawyers (and others)

Data protection: another generation

The EU is proposing changes to the data protection regime that would completely replace the Data Protection Act

No guarantee of easy recovery

Review of a recent decision allowing interim suspension of a company director’s guarantee, despite an apparently weak case

Forced marriage: alive to the issue

Commentary on the forced marriage legislation in light of the Scottish Government’s guidelines for professionals who might have to use it

Mediation: business as usual?

One expert's take on making the most of mediation, and business sense for lawyers

Electronic payments and electronic money

Survey of the EU consultation on achieving a single market for e-money payments, and what the current e-money regime involve

Reading for pleasure

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

Opinion column: Gillian Mawdsley

As World Intellectual Property Day Approaches, an argument that criminal prosecution of IP abuses is important

Council profile

This month's Law Society of Scotland Council member profile: Kim Leslie (Edinburgh)

Book reviews

Reviews of Cohabitation (Malcolm, Kendall and Kellas); Employment Tribunals Handbook (Paine, Waite and Dixey)

President's column

All the work that goes on at the Society aims to link into its Towards 2020 strategy and corporate plan, and that includes the drive to modernise for the benefit of our members

Caution the souvenir hunters

Registers page: Clients seeking a "souvenir plot", perhaps believing it will confer the right to a particular title, should be warned that they may not get what they hope for

Together we thrive

Rather than defensive moves, the recent mergers in the Scottish legal market appear to be springboards for growth. We interview those involved

But you said...

The appeal court has criticised the increasing use of prior witness statements in criminal trials, but the number of different rules permitting such use is causing confusion

Heart in the Highlands

Interview with Harper Macleod chairman Professor Lorne Crerar, as he takes up the chairmanship of Highlands & Islands Enterprise, on the role and on his strategy for business success

Cut the lockup cost

Returns from the 2011 Cost of Time Survey indicate that firms are getting better at managing cash flow and their working capital needs

Who's who in intellectual property

With World Intellectual Property Day taking place this month, the Journal features Scots lawyers making their name in an area at the cutting edge of original ideas

Taking liberties with bail

Latest criminal cases, including bail conditions; reasonable time; prior witness statements; sentencing discounts

Personal licences: a need for review?

There is unfairness in the procedure for reviewing the position of a personal licence holder following a premises licence review

TUPE: fair or unfair for staff?

The Court of Appeal has clarified the impact of the TUPE Regulations on sales out of administration

10%: a real gain?

There are still issues with the new inheritance tax discount for estates including charitable legacies of at least 10%

Renovating home PDRs

New permitted development rights for householder development have come into force

Ademption and powers of attorney

The recent decision as to the effect of a sale by an attorney of property subject to a specific legacy clarifies the law, but needs to be understood within its proper limits

Working group to take forward ILG review

Council to give further consideration to report recommendations

Law reform roundup

Recent work of the Society's Law Reform Department, including Taylor review; tribunals; Scotland Bill; planning; licensing; mental health; floating charges

From the Brussels office

Updates on EU matters: access to the notarial profession; company law; cross-border succession

Feedback, take 2

The Society commissioned an independent survey of members' attitudes to the Society and its work for them, which found both positive trends and room for improvement

Chinks in your defences?

Recessionary times require extra vigilance against fraud, whether from internal or external sources

Business checklist

Bullet-point tips on the tough questions that need to be asked. This month: "what we are good at"

Ask Ash

Advice column: I resent being the butt of the department joker's humour. What should I do?