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From the archives - August 2012

Trapped by the Wildlife Act?

Landowners must take a proactive role in the management of their land if they are to escape the vicarious liability provisions of the new wildlife legislation

What constitutes "reasonable endeavours"?

A Court of Session decision suggests that there are times when stones can be left unturned

Reflective learning explained

A tendency towards reflective learning is becoming de rigueur among professional bodies, but what does the concept entail? A solicitor turned law lecturer offers some reflections of his own

Values to the fore

A slightly abridged version of the guest address to new solicitors at the Law Society of Scotland's admission ceremony on 13 July 2012

Employee ownership: removing the barriers

The successful, but still underused, employee ownership business model could become more accessible if the recommendations of the recently published Nuttall report are given effect

Reading for pleasure

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

Should you be paying your interns?

Employers often do not realise that interns with them temporarily for work experience may well be entitled to the national minimum wage

Opinion column: John Deighan

Our human rights instruments recognise marriage as a relationship between a man and a woman. They express a truth that lies beyond the reach of legislative power to alter

Book reviews

Reviews of No Ordinary Court (Scottish Land Court); Human Rights Law in Scotland (Reed & Murdoch)

Council profile

This month's Law Society of Scotland Council member profile: Alberto Costa (England & Wales)

President's column

London is, rightly, a magnet for Scots-qualified lawyers, but even home-based firms can carve out opportunities south of the border

Edinburgh's history unveiled

Registers page: An innovative film showing the growth of the City of Edinburgh has been produced by Registers of Scotland, following the success of a similar project about Glasgow

Capital connection

In the current state of the market, is it worth looking at London if you can't find a job in Scotland? The Journal spoke to some of the Scots lawyers who have made the move

Cohabitees and the principle of fairness

Discussion of Gow v Grant, where the Supreme Court held that fairness as between the former partners is the guiding principle on a claim for financial provision following cohabitation

Coulsfield cloned

What will change in summary cause procedure for personal injuries actions, when it is brought into line with the rules in force in other courts on 1 September

A plea in law for equal marriage

In full, this year's winner in the essay competition organised by the Society with the Scottish Parliament: a proposal for a member's bill that is topical and would "make a useful change to Scots law"

Aiming high: rising stars

Excellence abounds in this year's nominations of more junior lawyers tipped by their teams as ones to watch

Get your facts right

Latest criminal cases, including a petition that turned out to contain material misstatements of fact; sex offender notification; section 259 applications; community payback orders

Pension rights and TUPE transfers

The recent Procter & Gamble case in England has provided some clarity on the extent to which rights under occupational pension schemes transfer to a purchaser of a business

2014: an ET odyssey

Employment tribunal practice and procedure is set to change, affecting nearly every stage of a case

Giving back

Lord Hodgson's review of the English & Welsh Charities Act 2006 has a number of potential practical consequences for Scottish charities

ILG to mark 40 years in style

Announcing the 40th annual conference of the In-house Lawyers Group

Rural lessons for urban conveyancing

Conveyancers of urban properties have not had to contend with as many potential interests in the land in question as their rural counterparts, but that may be about to change

Investing in our own futures

Argument for a return to the days of trainee lawyers working alongside senior colleagues in order to learn their craft, as part of the profession's response to the coming of ABS

Training the flexible way

The latest help available from the Society for organisations wishing to take on a trainee without a full-time commitment

Business radar

A new short series on how to respond effectively to an ever-changing business world and those "left field" events: (1) intelligence gathering

Code of conduct for MHT work

A code of conduct has been drawn up cntaining a statement of good practice for solicitors conducting mental health tribunal work

Law reform roundup

Recent work of the Society's Law Reform Department, including Groceries Code Adjudicator Bill; civil and criminal justice; victims and witnesses

The threat from within

There are a multitude of ways in which an office's data security can be breached by a member of staff - how good are your safeguards?

Ask Ash

Advice column: is office chitchat more important than getting on with the job?

The learning curve

Concluding article in the advice series for trainees focuses on how to achieve effective teamworking