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From the archives - September 2013

Scotland: a patently obvious choice?

Scottish businesses should now be considering their strategy on the coming of the European Unitary Patent system – and pressing for Scotland to host a division of the new Patent Court

Bringing order to family law

Scots family law would benefit from codification, and it should be possible to overcome the obstacles that have stalled previous such projects

Third party rights: behind the times

An appeal, in connection with a research project, for practitioners’ help in identifying problems that arise from the Scots law of third party rights in contract

Judicial review: closer to the surface

A recent judicial review decision concerning fishing quotas is significant both for administrative decision making and for judicial review proceedings themselves

A time for talent spotting

Although some law firms have been cutting back on placements for law students, at least one commercial firm still relies on its summer school to identify future talent

Fixing fixed equipment (full version)

The full length article discussing the effects of the recent Land Court (and appeal) decisions on fixed equipment

Reading for pleasure

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

Opinion column: Charles Ferguson

It is time for criminal firms to embrace change and work with the Government and Scottish Legal Aid Board to provide a first-class service fit for the 21st century


This month's Law Society of Scotland Council member profile: Söla Paterson-Marke, currently the new lawyers’ representative

Book reviews

Reviews of Criminal Advocacy and Defective Representation (Shiels); Criminal Procedure (Scotland) Act 1995 (annotated) (Shiels, Bradley, Ferguson and Brown)

President's column

This month's big events are the special general meeting and the Law in Scotland conference – if you cannot come to the SGM, please complete a proxy form so you can vote

Moving up the gears

Richard Susskind, keynote speaker at the Law in Scotland conference, tells the Journal why tomorrow’s lawyers can expect a world radically different even from the changed times of today

Justice redefined

Comment on some key provisions of the Criminal Justice (Scotland) Bill, in which corroboration is not the only significant reform

Sep rep: decision time

Ahead of the SGM debate on whether to enforce separate representation of mortgage borrowers and lenders, the Journal invited a property lawyer on each side to put their case

Petrodel: could it happen here?

The Supreme Court in Prest v Petrodel ordered the transfer of corporate-owned properties as part of a divorce settlement, by applying trust law. Would a Scottish court do the same?

Clicks forward

A year after the launch of the online power of attorney registration facility EPOAR, the Public Guardian, and a user firm, describe their experience of the system to date

Cover lines

In association with Marsh, a special "safety check" feature to help solicitors consider how well their professional, business and personal insurances match the various risks they face

Family time

Latest civil cases, including family actions; adoption; appeals; title to sue; tenders; caution for expenses; case management; litigants' knowledge

Rights undone

The UK Supreme Court has overturned the case law on damages for infringement of a patent that is subsequently revoked

Directors: not in name only

New case law guidance is available on who is a de facto director liable to a disqualification order

Fixing fixed equipment

Recent Land Court decisions have clarified the law on fixed equipment under 1991 Act tenancies

Not quite joined up

Commentary on the aims of the Tribunals (Scotland) Bill, and how close it comes to achieving them

Heritage disowned

The Court of Session has recognised the competence of a liquidator abandoning a company's interest in heritable property

Time to start growing your own?

Trainees are under-represented in in-house practice, but gain wide general experience there, and their employer benefits from their early understanding of the organisation

Are you keen to be mentored?

Applications to join the Society's new career mentoring scheme are open until 4 October

LBTT: in with the new

Professional Practice briefing on the land and buildings transaction tax, which will apply from 2015 to contracts entered into now

How not to win business: a guide for professionals

"Focus on the law" is this month's topic in our tongue-in-cheek series

Ask Ash

Advice column: is it dangerous to request a pay rise?

Forum is place to flag up problems

The Inner House User Group has been established as an informal forum to exchange views on practices and procedures

Scottish Barony Register fee rise

Revised charges apply from 1 September 2013

From the Brussels office

Recent developments in the EU, including the proposed European Public Prosecutor's Office; access to a lawyer in criminal proceedings; public procurement

Law reform roundup

Recent work of the Law Reform Department, including bankruptcy; criminal justice; marriage; tribunals; smoking (children in vehicles); immigration

Diary of an innocent in-houser

Beware the non-exec director. Our diarist relates a cautionary tale