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From the archives - December 2013

Myths and minimum pricing

Does the evidence support minimum unit pricing as effective in reducing alcohol consumption? The Scotch Whisky Association's senior legal adviser argues that it does not

Off to see about my trade mark

A battle between two registered word marks belonging to rival online legal businesses has resulted in a ruling that there is no likelihood of confusion

Let them (not) eat cake

The authors dispute that the right to appeal a £500,000 data fine can be lost


What are your rights if a flight is seriously delayed? We investigate the European position

Fifty shades of green

IP rights based on colour are not always easy to establish, but were successfully invoked recently in relation to seafood stalls in Oban

Reading for pleasure

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

Opinion column: Stephen McGowan

Public pressure is building for new controls on the spread of betting shops, but any change in the law should be properly based on evidence


This month's profile column features Equality Law Committee member Rory McPherson of Thompsons

Book reviews

Reviews of The Lands Tribunal for Scotland: Law and Practice (Todd and Wishart); Tax Planning for Domiciled and Non-Domiciled Individuals (Finney)

President's column

The Society continues to work with key interest groups – this month on corroboration, the complaints process, and supporting lawyers abroad whose rights are not recognised

Let’s get crofts on the register

Registers of Scotland page: crofting register; 2012 Act update

In black and white

Analysis of the proposed legal and constitutional process for the transition to independence, and beyond, as set out in the Scottish Government's white paper

Better which way?

The Journal invited supporters of the Yes and No camps for their perspectives on the public law aspects of the independence white paper

Trending… in public law

The policy agenda is pushing public law cases away from the courts: this and nine other key developments are one silk's top 10 for 2013

The changing world of the expert

Recent cases, combined with the recommendations of the Gill and Taylor reports, are set to add complications to the role of the expert witness, and those instructing them

Brighter at last

A clear shift in mood has emerged from the Journal's 2013 employment survey, with many more solicitors believing that prospects for their businesses are finally looking up

Reflections on five years

The Scottish Legal Complaints Commission has published analysis of five years' worth of complaints data, along with guidance for solicitors in complaint handling best practice

Concert complexities

Latest criminal cases, including murder and culpable homicide; unduly lenient sentences

Protecting your image

Rihanna's successful action against Topshop is a rare case of a celebrity succeeding in an action of passing off relating to their image

Up for review

The Scottish Government's current projects to deliver proposals for reforming the agricultural tenancy sector

Are you a specialist?

The scope of work considered relevant to becoming an accredited specialist in agricultural law

Salvesen: the proposed fix

An outline of the Government’s proposals to remedy the legislative defect identified in Salvesen v Riddell

Email: a question of access

Another case has left open the question of who owns emails sent by an employee in the course of their work

Financial fair play

UEFA is steadily imposing more regulatory scrutiny on the finances of football clubs under its Financial Fair Play Regulations

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to David Haddow Campbell; Scott Campbell; Grant Euan Turner Docherty; Leslie Somerville; Alan James White

Shape your business's future

As with private practice, the commercial sector can benefit from providing traineeships, as is demonstrated by Standard Life, which has done so for many years

Mortgage lending – the new landscape

Important changes to mortgage lending rules come into force in April to ensure that borrowers are advised in advance and that their ability to repay their loan is properly assessed

Profiting from Cost of Time

Professional Practice column: taking part in the Cost of Time Survey has benefits beyond the direct feedback provided to the individual practice

Family DR options advice – carrot or stick?

Preview of the 2014 Portfolio training programme for family lawyers

How not to win business: a guide for professionals

No 11 in the tongue-in-cheek series is titled "Lead from the rear" - because generating new business means providing the encouragement and incentive to get everyone involved

Ask Ash

Advice column: what should I tell potential employers when harassment forced me to leave my previous post?

PI Guidelines: further edition

A note to highlight the publication of the 12th edition of the Guidelines for the Assessment of General Damages

Law reform roundup

Recent work of the Law Reform Department, including Criminal Justice Bill; Banking Reform Bill; Tribunals (Scotland) Bill; Children etc Bill; Immigration Bill; Anti-social Behaviour etc Bill

Diary of an innocent in-houser

'Twas the night before bonus time... but who was going to play Santa?