Back to top
From the archives - May 2012

Arguments in store

Has the Supreme Court decision in Tesco v Dundee City Council torpedoed planning’s sequential approach as we know it?

Farming the constitution

Briefing on Salvesen v Riddell, where the court found s 72(8) and (9) of the Agricultural Holdings (Scotland) Act 2003 to be ultra vires the Scottish Parliament

Willing to wound, yet afraid to strike?

Essential elements of UK law on groundless threats of intellectual property rights infringement, and steps that can be taken to manage the risk

Deferred consideration – worth the paper?

Problems of getting the contractual balance right in this fact of life in the current corporate deal market

OSCR: the secondees' perspective

Two charity lawyers' experiences as secondees under the programme developed by the regulator

To efficiency and beyond

Address to new solicitors at the admission ceremony on 9 March 2012

Reading for pleasure

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

Opinion column: Fraser Tait

In these days of consumer choice, it is time to allow solicitors to choose whether the Law Society of Scotland should be their representative body

Council profile

This month's Law Society of Scotland Council member profile: Frances McKay (Stonehaven, Peterhead & Banff)

Book reviews

Reviews of Domestic Abuse and Scots Law (ed Hughes); Public Inquiries (Beer)

President's column

At the end of an eventful year, thanks are due to all at the Society for a huge amount of work, and to solicitors around the country who made me welcome on my visits

Wind farms: a challenge to registration

Registers of Scotland page: the challenges that wind farm leases present for land registration

Snail of the century

Birth of the international conference through which Paisley this month celebrates the 80th anniversary of its greatest claim to legal history

Rights both ways

Argument that making it compulsory for solicitors to be members of the Law Society of Scotland, as a body with representative as well as regulatory purposes, is incompatible with the ECHR

Sell, sell, sell

Interview with incoming President Austin Lafferty, a self-confessed salesman who is keen to engage the public, and the Society's critics, face to face

RBS v Wilson: light in the tunnel?

Will a forthcoming Court of Session appeal clarify the true scope of RBS v Wilson? Author argues that the decision is being interpreted more broadly than is justified

Take the heat out

While the practice of mediation is growing, those who have undertaken mediation training say they find it beneficial in many aspects of their business and personal lives

Prepare for case management

Latest civil cases, including case management; vexatious litigants; party litigants; interim orders; appeals; expenses; recovery of heritage; family actions

Looking into the past

A new decision considers the relevance of the ancestry of matrimonial property to a claim that special circumstances exist justifying unequal sharing

Migrant days numbered

Further restrictions have been introduced on those wishing to come to the UK to work

CPI - the story so far

The effect on pension schemes, especially in the public sector, of switching from the Retail Price Index to the Consumer Price Index for uprating purposes

Brighton declares

Outcome of the High Level Conference on Reform of the European Court of Human Rights (fuller article)

Mary Mary quite contrary?

To what extent might the recommendations of the Portas review on the future of high street shops in England & Wales, have practical application in Scotland?

How to avoid that Guarantee Fund interview, and worse...

Some advice, based on Legal Defence Union experience, on how to prevent a Law Society inspection turning into a nightmare

Law reform roundup

Recent work of the Society's Law Reform Department, including on the Land Registration, Social Care (Self Directed Support), and Criminal Cases (Punishment and Review) Bills

Apportionment of price for SDLT

Practitioners' responsibilities as HMRC increases its vigilance over property sale arrangements that have been artificially sructured to avoid paying the correct rate of SDLT

Business checklist

Bullet-point tips on the tough questions that need to be asked. This month: key performance indicators

Practical guide to legal risks

Key messages to emerge from the recent Legal Risks Conference, which provided practical guidance on managing critical risk issues in the current climate

Ask Ash

Advice column: I'm down about my efforts not being recognised with promotion. Should I look to move?