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From the archives - November 2013

Obituary: Professor Ian Willock

Appreciation of the Emeritus Professor of Jurisprudence at the University of Dundee

Competition damages – a rocky road ahead?

The European Commission has a proposed Directive to harmonise actions for damages for a breach of competition law, but will it be adopted ahead of the European Parliament elections?

Heart of the matter

Wales now has legislation providing for presumed consent of a deceased person to organ donation. Should Scotland follow suit?

Law reform on track

The Law Commissions have published a joint report on the complex but little known area of law dealing with level crossings. The lead Scottish commissioner explains its aims

Turning back the clock

Employer liability legislation has been amended to require proof of negligence in a civil claim based on breach of statutory duty. Does anyone gain from this?

Golf and the right to roam

A discussion of rights of access in relation to golf courses, with particular reference to the Trump development where the course lies adjacent to a beach

Reading for pleasure

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

Opinion column: Ros McInnes

Although first permitted 21 years ago, permission to film court proceedings in Scotland has seldom been given. Will the new consultation result in an improvement?


This month's Council profile features Janet Hood, one of the members for Dundee

Book reviews

Reviews of Commercial Leases in Scotland (Gerber); Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry (ed Burrows and others)

President's column

October's presidential diary was crammed with events, abroad and then at home, concluding with the "Profile of the Profession" survey report

Fee review open to views

Registers of Scotland page: two-yearly fee review; crofting register; 2012 Act update

Some more equal than others

Following the "Profile of the Profession" survey, we interview consultant Dr Suzanne Doyle-Morris on how firms can eliminate remaining barriers - and why it would improve their bottom line

Balancing act

Results of this year's Journal reader survey: we can't please everyone, but most people are happy most of the time

Paving the road to reform

The recently established Scottish Civil Justice Council's priorities for the current year and beyond

Blue sky thinking?

What are the factors that mainly influence legal firms considering whether to adopt cloud-based IT solutions? The authors report on research they carried out

A singular status

The UK Government's analysis paper on the status of Scotland following independence raises more questions than it answers – and the Government should provide more by way of answers

You pay your money

Latest civil cases, including expenses; caution for expenses; decree in absence; competency; expert witnesses; case management; family actions; PI actions; summary applications

Acceptable BYOD use

Employees using their own smartphones or tablets to conduct business should be a matter of concern to all employers, from a data protection point of view

Interesting times still

Pensions update covering issues arising from the independence debate, and pension liberation

Aliment in vogue again

There has been a resurgence of claims for periodical allowance relying on the economic burden of caring for a child

Scottish Solicitors' Discipline Tribunal

Report relating to Alison Baxter

Speakers rise creatively to the challenge

Highlights from the presentations at this year's In-house Lawyers Group annual conference, which took the theme "Innovative, in the know and in demand"

Why environmental indemnity?

The Property Standardisation Group explains the purposes of the environmental clause in its offer to sell, the indemnity provision in which has been causing controversy

SYLA presents...

Introducing the Scottish Young Lawyers' Association programme for 2013-14, including a European conference that will be hosted in Edinburgh

How not to win business: a guide for professionals

Our series continues: firms who prioritise winning new clients over keeping those they have, shouldn't be surprised if they do neither

File reviews - how they can help

Love them or loathe them, file reviews can be a very useful business tool to monitor quality of a firm's work

Ask Ash

Advice column: a trainee's crush on our boss is getting on my nerves

Making the Act work

Professional Practice column: the Society is working on the Registers consultation on implementing land registration reforms, and practitioners are encouraged to provide input

Law reform roundup

Recent work of the Law Reform Department, including Criminal Justice Bill; Lobbying Bill; Bankruptcy Bill; Referendum Bill; UK company ownership

From the Brussels office

Recent developments in the EU: Common European Sales Law

Fraud alert revived

A potentially fraudulent scheme relating to bogus property investments, that first appeared last year, appears still to be a threat to solicitors

"Start the conversation"

An imminent TV advertising campaign may bring in new powers of attorney business