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From the archives - May 2013

Sep rep: wrong, wrong, wrong?

The case that separate representation in mortgage transactions is the wrong decision for the wrong reasons at the wrong time

The extra e in estate

Solicitors taking instructions for a will now need to consider the potential value of a client’s digital estate, and how it will be accessed following death

You’re NOT fired!

Following the failed case by Stella English of The Apprentice, what is required for constructive dismissal, and how can employers avoid a claim?

Controlling tendency

New Court of Session rules have been introduced for case management of complex medical negligence and personal injuries actions

Case closed

A piece of history has disappeared from the Faculty of Advocates with the ending of the system of boxes for counsel’s instructions

“Discrimination Against Women in the Law”: a forum report

Blog on a gathering on the subject addressed by Lady Hale of the UK Supreme Court and other leading figures, academic and practising

Reading for pleasure

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

Opinion column: Brenda Mitchell

A hierarchy of strict liability in favour of vulnerable road users offers Scotland the chance to lead the UK on cycle safety


This month's Law Society of Scotland Council member profile: Colin Dunipace (Airdrie)

Book reviews

Reviews of Arbitration (Davidson); Pleading in Arbitration: A Practitioner's Guide (Walker and Clark)

President's column

Despite the challenges and criticisms, my year as President has been an overwhelmingly positive involvement with a profession that remains in good heart, and I thank everyone

Best measures

Registers of Scotland page: RoS has been set reformulated service standards for 2013-14

Man in the hot seat

Interview with Justice Secretary Kenny MacAskill, putting the profession's concerns over perceived threats to the Scottish justice system

Cohabitant awards: do they add up?

Courts have tended to take a broad axe in quantifying financial claims by separating cohabitants, but various methods are open to practitioners attempting to achieve a more reasoned award

A breach too far

Overview of the construction adjudication decision that has been held to contravene the right to enjoyment of possessions under the Human Rights Convention

Lawyer of many facets

Interview with incoming President Bruce Beveridge, whose career in the Government legal service has given him a remarkable variety of exposure to legal practice

Last piece of the jigsaw

The background to, and the effects of, the accession treaty by which the European Union becomes subject to the European Convention on Human Rights

Partnerships: a firm line

History and effects of the new Act by which a Scottish partnership can now be prosecuted notwithstanding its dissolution

One bite at the cherry

Latest civil cases, including res judicata; decree by default; tenders; jurisdiction; witnesses; expenses; division and sale; sequestration; permanence orders; solicitors' duties; McKenzie friends

Whither Whittome?

A consideration of the status in modern practice of Whittome v Whittome (No 1), on matrimonial property and company restructures

Achieving pension regime change

Advice to employers where changes need to be made to occupational pension schemes in preparation for auto-enrolment

Steve Webb's potty time

Government plans to enable employees to transfer small pension pots to a new employment when they change jobs

Scottish Solicitors' Discipline Tribunal

Report relating to Joy Patricia Dunbar

Honours shared

In-house legal teams can claim excellence in many respects, and should take advantage of legal awards events to showcase their abilities, as did the Scottish Legal Awards 2013 joint winners

e-business: call the shots

Collaboration can simplify the coming developments in e-conveyancing, and solicitors can play their part in dealings with their software providers and through a new online forum

How not to win business: a guide for professionals

The fourth in the series asks what is that "something extra" that clients value most

A year in focus

The latest annual report on the Master Policy shows just which areas have been the most significant sources of claims and other intimations

Ask Ash

Advice column: my new department colleagues don't seem very sociable

Law reform roundup

Recent work of the Law Reform Department, including Victims and Witnesses Bill; Revenue Scotland; Women and Work Inquiry

New firm, same clients?

Advice from the Society's Professional Practice team on the rights of assistants and associates starting their own practice, in relation to former clients

Diary of an innocent in-houser

An occasional lighter contribution from the less public side of legal practice

From the Brussels office

Recent developments in the EU, including ADR; small claims; trade marks