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From the archives - June 2013

Risk and the duty to inform

A recent Inner House decision highlights the difficulties facing a pursuer who attempts to argue an informed consent case relating to medical procedure

Decrofting back on track

The Crofting (Amendment) (Scotland) Bill corrects a defect in the law, and continues the process towards parity between croft tenants and owner-occupier crofters

The long road to qualify

One Scottish law graduate’s experience of voluntary legal and community work in Tanzania while he continues the search for a traineeship place

Scotland scores on “Themis” debut

How three COPFS trainees made Scotland’s first venture into the European Judicial Network “Themis” competition, presenting on international judicial co-operation, and won a place in the final

Equality and regulatory reform

The UK Government’s regulatory reforms are having an impact on equality law, including the role of the Equality & Human Rights Commission

Reading for pleasure

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

Opinion column: Martin Crewe

Children's wellbeing must come first in planning and delivering children's services, and the "named person" provisions in the Scottish Government's new bill are a vital part of that

Book reviews

Reviews of Small Claims Handbook (Ervine); What's Wrong with Copyright? (Tatry)

Profile

This month's profile returns to the Council's committees, introducing Alison Britton, convener of the new Health and Medical Law Committee

President's column

These are momentous times for the Scottish legal profession, and many important issues are set to demand attention in the new presidential year

What right of way?

Registers of Scotland page: what happens in relation to the Land Register when historic servitudes appear to conflict with solid features; and the Development Plan Approval service

Gas in the tank

How does the market look to Aberdeen based solicitors, and what happens when the oil runs out?

Scotland on the world stage

A paper contributed to the Society's Scottish Constitutional Future Working Group sets out how an independent Scotland would become recognised in international law, and its potential role

Up there with the best

Solicitor advocates in Scotland mark their 20th anniversary with an account of how they have found their place in the courts, and likely changes in the landscape going forward

The Significant Seven

The draft Fourth Anti-Money Laundering Directive may not have immediate appeal to practitioners, but contains a "Significant Seven" points that are set to have a major impact

Out on 65?

Solicitor Leslie Seldon appears to have finally lost his legal battle against being forced to retire at 65 – but what are the implications for others in his position?

Gatekeeping the experts

Latest criminal cases, including expert evidence; circumstantial evidence; maximum sentences; sexual offences; extensions of time

Fairway failings

Lessons for golf clubs from the Inner House decision in Phee v Gordon, apportioning liability to a golfer struck by a ball at a course hazard

Beware of solvent liquidations

A Court of Appeal decision illustrates how contingent liabilities may be avoided by a company going into members' voluntary liquidation

Passing off update

Two recent English decisions clarify important aspects of passing off: the honest concurrent use defence, and extended passing off

Scottish Solicitors' Discipline Tribunal

Report relating to Campbell Dinsmore Joss

Holyrood out of bounds

Why the Supreme Court in Salvesen v Riddell struck down a provision of the Agricultural Holdings Acts as incompatible with the European Convention on Human Rights

DPAs: cross-border confusion?

Deferred prosecution agreements for corporate crime are coming soon in England & Wales, but without similar moves in Scotland there could be problems for cross-border businesses

The road to land reform, but where is it going?

The interim report of the Land Reform Review Group has provoked some strong reactions, but where does the Group appear to be heading?

How not to win business: a guide for professionals

No 5 in the series: rainmaking is not a voodoo art, but needs understanding

Information security: raising the bar

Anderson Strathern has become one of only a few UK law firms to achieve the top accreditation for information security

Waste: help sort it out

All Scottish businesses need to gear up to deal with new duties regarding recycling of waste

Where there's a will

Some of the most common causes of claims arising from wills, trust and executry work, and possible controls to minimise the risk of their occurrence

Ask Ash

Advice column: my new female manager seems to relate to the men but not to me

"Reply to all"

The Professional Practice Committee recently had to consider a case where an email was copied to an opposing client

Law reform roundup

Recent work of the Law Reform Department, including Referendum Bill; land and buildings transaction tax; intellectual property; civil courts reform; regulatory reform

Incidental financial business: amendments ahead

The Society's rules need to be amended at this year's special general meeting, due to the impending regulatory regime change for consumer credit work

Times are tough

A roundup of the SYLA's representation work for young lawyers in Scotland in these difficult times for intending solicitors