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From the archives - September 2012

Separate representation for borrower and lender

A review of the difficulties with the current position and the options going forward, against the author's view that a rule change is needed

Market abuse and regulatory enforcement

What is market abuse, and how does the civil enforcement regime work? This article highlights some issues and the recent leading Punch Taverns case

Choosing to die: the defence dilemma

When a client in a capital case no longer values his life, what is the appropriate role of the defence lawyer? The question arose sharply for a Scottish graduate on a clerkship in the United States

The rise of the partnership tribunal

A blog type comment on the growth of partnership claims before employment tribunals

Evolving marriage rights

The fuller version of this month's human rights briefing on recognition of same-sex marriage under international human rights instruments

Margaret Paterson Archer: an appreciation

A note of the tribute delivered at the funeral of one of the first female partners in a Scottish law firm

Reading for pleasure

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

Street level insights

A LawCloud special industry report: 2012 economic insight following feedback from high street law firms in Scotland

Opinion column: Malcolm Cannon

Solicitor estate agents should use their local property centre websites rather than other marketing portals

Council profile

This month's Law Society of Scotland Council member profile: Hamish Watt (Arbroath and Forfar)

Book reviews

Reviews of Risk and Compliance for Law Firms in a Changed World (Maher); Mediation: A Practical Guide for Lawyers (Mantle)

President's column

Government plans that are likely to mean the closure of a number of local courts around Scotland are the utmost priority for the current presidential year

Land mass coverage heads for milestone

Registers of Scotland page: annual survey of land registered in the Land Register predicts 25% coverage by the end of the year

Bidding for success

High street firms can take initiatives to improve their prospects even in the current climate, says Debra Clapham, who chairs the business improvement district for her community of Clarkston

Across the divide

Discussion of the five-judge decision in Hamilton, where the court attempted to bridge the gulf between judge and jury awards in fatal cases

Blades running?

David Cruickshank and Richard Cockburn of Maclay Murray & Spens explain the regulatory and other challenges currently facing the offshore wind sector

Welfare still rules

In rejecting a human rights challenge to the provisions for dispensing with parental consent to an adoption application, the Supreme Court has provided important guidance on the Act

Protected conversations

Protecting "protected conversations" with an employee may prove problematic, despite Government moves to legislate in this area

Over the border

Latest civil cases, including abuse of process; delay; abandonment; permanence orders; recovery of heritage; intimation; insolvency

Sum of the parts

The jurisdictional difficulties arising from the fact that European patents are not truly pan-European in scope, as illustrated by a recent CJEU case

Holding out for reform

Developments relating to the Scottish Government's reform agenda for agricultural tenancies

Form 13A: a step forward

Effects of the new rule requiring details of assets and liabilities to be lodged at the outset of a sheriff court divorce or dissolution case where financial provision is sought

System in chains

Why there are still advantages to using standard missives for residential property, despite the effects of the recession in giving rise to chains of transactions

Buildmark: online update

Some further guidance on the pending online system for acceptance of NHBC Buildmark cover

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Paul Saunders Jardine; Kevin Murphy; Ewan Sherriff

From the Brussels office

Recent EU developments, including access to legal advice in criminal cases; anti-counterfeiting

Law reform roundup

Recent work of the Society's Law Reform Department, including social care (self-directed support); land and buildings transaction tax; small charitable donations; better regulation

The earlier the better

The lead insurers under the Master Policy answer frequently asked questions regarding the intimation of claims

Ask Ash

Advice column: should I leave a secure corporate job when I feel I want to help people with needs?

Business radar

How to respond effectively to an ever-changing business world and those "left field" events: (2) tips on establishing a procedure for responding quickly to unforeseen events