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From the archives - June 2012

Who shares in the common grazings?

Extended briefing on the Crofters Commission's reference to the Scottish Land Court for a determination of matters of law concerning shares in common grazings

Prescription and title to moveable property

The Scottish Law Commission’s recommendations for reform are outlined by the lead Commissioner on the project

Gold-plated pension liabilities – what next for law firms?

The options open to legal firms facing growing difficulties funding staff or partner pensions

Getting your fix

Some golden rules in making fixed pricing work – even in transactions for which it might not appear suitable

A trainee perspective on business development

A trainee convinced of the benefits to be gained from an understanding of business development, suggests some ways in which those just entering the profession can develop their skills

Embedding ADR in the civil justice system

Report of the recent conference under this title, which reviewed the practicalities of making ADR work in different contexts

From death to life

Embarking on a capital defender internship in Georgia, USA, the author reflects on the need to safeguard the rights of the accused, there and in Scotland

Reading for pleasure

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

Appreciation: Alistair Hamilton

Tribute to the late President, Alexander (Alistair) MacDonald Hamilton, MA, LLB, CBE

Opinion column: Mev Brown

The Report of the Commission on Women Offenders has some worthy objectives, but overlooks the root cause of most offending, and its true cost

Council profile

This month's Law Society of Scotland Council member profile: Alison Atack (Glasgow)

Book reviews

Reviews of Freedom of Information in Scotland in Practice (Dunion); Commercial Leases (Cockburn & Mitchell)

Why the dual role works

In reply to last month's Opinion article, an argument that it makes common sense for solicitors to be represented as well as regulated by the Law Society of Scotland

Rights both ways: a contrary view

An answer to the claim that it breaches the Human Rights Convention to require solicitors to belong to a body that represents as well as regulates

President's column

The Society functions like a backbone of the solicitor profession, and we should have a full debate in order to arrive at a robust outcome about its future

Property reports relaunched

Registers of Scotland page: new online set of residential property market reports; Land Registration Bill passed; Edinburgh Customer Service Centre

Equality in austerity

An analysis of the case law concerning challenges on equality grounds to local authority spending cuts, plus the new specific duties on public authorities in Scotland under the Equality Act

How old is too old?

The Supreme Court decision upholding the possibility of a mandatory retirement age for law firm partners, has imposed tests that must be carefully observed if a policy is to be upheld

Expanding the country file

A special feature on rural property flags up some of the issues when contemplating diversification of land use; and briefs on an important Land Court case on common grazing rights

The social side of practice

Interview with Paul Motion, convener of the Society's Technology Committee, on the drivers behind new guidelines on the use of social media by solicitors

Judicial minefield

Latest criminal cases, including jury directions (accused failing to give evidence; proof of defence); punishment part; rule in Cadder

Program protection

Effect of the CJEU judgment in SAS Institute Inc v World Programming Ltd on the scope of copyright protection for software

Life bans just not sporting

Effect of rulings on selection for the Olympics, as affecting bans for drug use and challenges to decisions of national sporting bodies

Coleman revisited

The Equality and Human Rights Commission is supporting a man who claims discrimination due to his association with a pregnant woman

Never mind the reasons

A new decision has provided a useful restatement of the law regarding rescission of a contract for the sale of land

Another year in focus

A lower-profile Law Societ of Scotland AGM this year still dealt with some important business

Law reform roundup

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

Business checklist

Bullet-point tips on the tough questions that need to be asked. This month: the firm's profile

Banks: POA campaign continues

Update on work to challenge difficulties placed by banks and others in the way of those authorised to act for incapable adults

Ask the experts

Some of the recent risk management-related enquiries from solicitors to the Master Policy brokers

Ask Ash

Advice column: I'm worried that my weight could be an issue because it affects my appearance