Back to top
From the archives - July 2013

Credit hire: back to basics

Aided by a recent sheriff court decision, some accepted thinking is challenged on the obligation to produce a basic hire report

You know who I mean

A recent Inner House decision provides valuable guidance on the law of arrestment in Scotland

Behind all the fun

As summer festivals follow in quick succession, this article surveys the legal hurdles facing their organisers

"Your Future in Law"

State school pupils have benefited from a project by the Government Legal Service and Crown Office to give them a chance to find out about public law and the possible careers it offers

Reading for pleasure

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

Opinion column: Cameron Fyfe

It is pointless to require a pursuer to raise an action to prevent a claim becoming time barred - the purpose of the law can be served more simply

Profile

This month's Law Society of Scotland Council member profile: David Preston (Campbeltown, Dunoon, Oban, Rothesay and Fort William)

Book reviews

Reviews of Growth is Dead: Now What? (MacEwen); Partnership Agreements for Law Firms (Wright)

President's column

The Criminal Justice (Scotland) Bill, with its abolition of the corroboration rule, is only one of a number of significant measures to have engaged the Society this past month

Mapping out the Crofting Register

Registers of Scotland page: preparing for compulsory crofting registration; Development Plan Approval; 10-Year Property Market Report

Back office bait

The new support office in Glasgow for international firm Ashurst could be only the beginning of a major redeployment of legal sector jobs

Another bite at the cherry

The latest set of Employment Tribunal Rules is about to come into force, at the same time as fees are introduced for presenting a claim to the tribunal

Security of your home

Since the 2010 Supreme Court ruling in Wilson, a number of sheriff court decisions have further clarified mortgage repossession law and practice in Scotland

Marriage redefined

Proposals for legalising same sex marriage are now before the Scottish Parliament, though as this survey of the bill explains, the form of the legislation makes the term somewhat misleading

Building better business cultures

Sponsored feature on mediation reports on the culture shift from conflict to collaboration not only in business but in many aspects of public life – presenting fresh challenges to lawyers

Keeping a rein on child cases

Latest civil cases, including diligence on the dependence; interim interdict; remit to person of skill; delay; along with an overview of the new court rules concerning child cases

Minimum gain

Key points in the Outer House decision on the challenge to the minimum price legislation

Beware LLP tax changes

HMRC is consulting on proposals to prevent LLPs being used to disguise employment, and the use of certain arrangements regarding the division of profits and losses

Framework remodelled

Key points of the new draft National Planning Framework and Scottish Planning Policy

Scottish Solicitors' Discipline Tribunal

Report relating to Walter Forbes Ruark

A Scottish ILG chair in New York

A voyage of discovery into the world of in-house legal advisers from around the world awaited at the Global Counsel Conference in New York

Beneath the surface

Two recent examples illustrate why solicitors need to take a view on whether they are willing to advise on environmental law and/or contaminated land matters

Being alert to the needs of the vulnerable

The Society's new guidance on "Vulnerable Clients" will be issued on 1 August 2013, along with fresh guidance for solicitors dealing with powers of attorney or their revocation

Sins of our leaders

The way to salvation offered by the Update seminar "Seven Deadly Sins of the CEO"

How not to win business: a guide for professionals

The sixth in the series wonders why solicitors often find the hardest bit is actually popping the question

Litigation: a tight ship?

The Master Policy experience of claims in litigation practice, and possible controls to minimise the risk of claims

Ask Ash

Advice column: have I got what it takes for promotion?

Why sep rep?

Questions and answers by the Professional Practice team on issues surrounding the proposed rule change

From the Brussels office

Recent developments in the EU, including bank accounts; mortgage credit; tax evasion; collective redress

Law reform roundup

Recent work of the Law Reform Department, including criminal justice; victims and witnesses; post-legislative scrutiny; intellectual property; same sex marriage; cross-border healthcare

Diary of an innocent in-houser

In the second of our occasional series, our hero entrusts an important point of interpretation to his non-exec chairman