From the archives - October 2013
The public sector equality duty has not been in force for long, but has already been subject to critical review. What can usefully be learned from the exercise?
Legal procedures following fatal road accidents need to be reformed in the same way as is proposed for FAIs, so that families are not left waiting indefinitely for compensation and closure
A recent decision on financial provision develops the law on the treatment of future contingent tax liabilities as set out in Sweeney v Sweeney
The European order for payment, intended to provide straightforward cross-border debt recovery, is undermined in Scotland by doubts and inconsistent practice at key stages
Does the Fundamental Rights Agency cover the gap in monitoring compliance with human rights in the European Union? This article surveys its strengths and weaknesses
This month's selection of leisure reading chosen by the Journal's Book Review Editor
There is a future for the high street solicitors' firm, but it will look very different from the present, and will require an entrepreneurial spirit combined with the best of new practice
This month's profile from the Society features Mark Thorley, convener of the Civil Legal Aid Team
Reviews of The Inside Job (Ambrose); Prison Law (Thomson)
The sep rep vote, the Law in Scotland and legal aid conferences all produced a lively response - and more on what makes the profession tick will be revealed with the survey results
Registers of Scotland page: official opening of the upgraded Meadowbank House; new website dedicated to the 2012 Act
With the first of the planned court closures imminent, the Journal interviews Eric McQueen, SCS chief executive, on future service provision as budget constraints meet the court reforms
The Taylor Review of Expenses and Funding of Civil Litigation has been broadly welcomed, but there are those who challenge the fairness of some of its more radical proposals
There is no excuse for in-house legal departments not keeping track of work, and costs, in these days of matter management software
Advising charities is less of a niche area than many solicitors assume, due to issues now arising as the funding landscape changes
Tracing missing heirs can be a sensitive business, and it is the personal touches that mark out the businesses that win the beneficiaries' trust
Remember A Charity's Campaign Supporter scheme aims to raise awareness of legacy potential - and to raise the drafting firm's profile
Don't be left behind in the evolutionary race, was the constant theme of this year's Law in Scotland conference. But there was plenty of good advice for those willing to face change
Latest criminal cases, including multiple charges; breach of the peace and statutory offences; deaf accused; dock identification
There is a disturbing trend of unspecified "police intelligence" being cited in support of a premises licence review
The Scottish legal framework for the extraction of shale gas requires a number of stages to obtain the necessary rights and consents
The entire UK tax regime for employee expenses and benefits should be reviewed, according to an interim report from the Office for Tax Simplification
Reports of cases relating to John Graham Lints; Douglas William Spence
Is there a place for in-house lawyers on their employers' boards? How much are they valued by their employers? ILG members have been surveyed on these and other questions
An attempt by the Keeper to mitigate the impact of the PMP Plus decision on property intended as common areas in developments has been rejected by the Lands Tribunal for Scotland
Report on the key debate, and the other business transacted, at the September special general meeting of the Society
As possibilities increase in relation to outsourcing of different functions of legal firms, the Society has prepared advice and guidance for those considering the option
The ninth in our tongue-in-cheek series is "Freeze at the thought of cold calling"
Claims on the Master Policy have arisen where a more rigorous approach to terms of engagement could have prevented them. Here are some illustrative points to bear in mind
Advice column: a colleague is poking fun because I'm overweight
The Society's Professional Practice team answers some questions following the vote against a rule change relating to separate representation in conveyancing transactions
Recent developments in the EU: proposed payment services directive, plus information on publications available from the Brussels office
Recent work of the Law Reform Department, including criminal justice; Lobbying Bill; deregulation; common investment funds; European criminal opt-out