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From the archives - January 2013

Off on the wrong track

Discussion of the Ayrshire betting licence appeal case, and the inability to correct a failure to comply with statutory directions

Cadder, EU style

As the EU debates a proposed directive on the right of access to a lawyer on arrest, the authors provide in-depth analysis of the key battlegrounds and their implications for Scots law

Common grazing shares – where are we now?

A survey of the recent Land Court decision following the Crofting Commission reference on legal issues relating to common grazings

Is it time to stop baffling our clients/customers?

A LinkedIn group has been debating the use of plain English by lawyers. One participant reports on some investigations of her own

Copyright and collaboration: a dose of bad medicine?

Comment on an English decision highlighting the need to consider IP rights before entering into a collaborative agreement

Reading for pleasure

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

Opinion column: Ken McCracken

The profession's dominant business model is likely to lead to attrition of independent Scottish legal firms. Is there an alternative?

Book reviews

Reviews of Criminal Procedure (Scotland) Act (Shiels and others), Confoscation Law Handbook (Eissa & Barber), Scottish Criminal Evidence, Procedure and Practice (Macphail)

Council profile

This month's Law Society of Scotland Council member profile: Lynda Towers (In-house Lawyers Group member)

President's column

The true costs, and effects on the administration of justice, have to be considered when promoting any court closure programme

New build: new process

RoS and Taylor Wimpey have piloted a new process for the conveyancing and registration of new housing developments that aims to reduce the risk factor in relation to titles

Up or down? Digging deeper

A glass half full or half empty? With a Society survey showing solicitors almost evenly divided between optimism and pessimism over the future, the Journal tried to find the reasons for the differing attitudes

Who volunteers to be discriminated against?

Implications of the Supreme Court decision in which a CAB volunteer failed in her claim for protection under the disability dicrimination legislation

What's your LPO strategy for 2013?

Sponsored feature arguing that it is necessary to consider a legal process outsourcing option to leverage on available efficiencies, and highlighting techniques to achieve a successful outcome

Tailored to suit

Flexible learning is now available at every level of legal education and training, as this overview indicates

Perfect storm less than appealing

Fuller version of a review of an unusual case where a sentence appealed by the accused was increased by the appeal court

Separate but legal

A draft bill promoted by the Scottish Law Commission aims to facilitate the execution in counterpart of contractual documents. Practitioners are encouraged to provide feedback

In and out of court

With major reforms underway to the Scottish court and tribunal systems, what is the likely impact on dispute resolution not involving litigation?

Coming to a court near you

Latest civil cases, including judicial case management; multiple defenders; expert witnesses; liquidation

Which way will the wind blow?

Licensing lawyers should welcome the recent Scottish Government consultation paper, "Further Options for Alcohol Licensing"

Entitled to be aggrieved

A ruling from the Supreme Court has altered the basis on which the courts should consider whether someone is entitled to challenge a planning decision as a "person aggrieved"

Funds less restricted

New regulations make it easier for charities to have removed restrictions on particular funds which have become inappropriate

Statement or Budget?

The Chancellor's Autumn Statement, and recent developments at Holyrood, between them contain some important points to note

Local leg-up

Traineeships are scarce, especially in-house, but one local authority is doing what it can to offer a valuable insight to its legal work to would-be lawyers

Scottish Solicitors' Discipline Tribunal

Report relating to Douglas William Spence

Answering for error

Successful appeal regarding erroneous transfer of land gives cheer to conveyancing clients

The other alternative

In a new series exploring non-traditional alternatives to alternative business structures, we meet Carol Fox, who has set up the first law firm based on the concept of employee ownership

Remoteness and risk

With remote working having become increasingly common in recent years, we consider risk management controls that can help mitigate the additional risks

Paralegal Scheme extended

Two new areas of work have been added to the Society's Registered Paralegal Scheme

Proposed rule change

The Society is proposing to change the wording of rule D2.3 of the Consolidated Practice Rules

Law reform roundup

Recent work of the Law Reform Department, including on the EU 2014 criminal opt-out, water resources, pensions, no-fault compensation, partnerships, land and buildings transaction tax

An innocent loan or questionable funds?

The first of a new series from the Society's Professional Practice Team advises on suspicious activity reports

Ask Ash

Advice column: my room-mates' personal phone calls are distracting. What can I do to deter them?