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From the archives - January 2014

The DCFR, anyone?

Though essentially an academic exercise, the statement of private law principles in the Draft Common Frame of Reference has achieved a status such that it is now being consulted by law reformers and judges

Cloak and dagger in cyberspace?

The Internet Watch Foundation is responsible for deciding which material should be blocked from public access for criminality, but is a private body a desirable form of regulation?

One person's entertainment

With controversy surrounding Edinburgh’s proposed change of policy over granting entertainment licences to premises used for sexual activity, this article considers the licensing issues involved

Scouting for professionals?

Why the Scouting movement is looking for professional people to help organise its activities

Reading for pleasure

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

Opinion column: Alan McIntosh

The proposal to extend the contribution period in bankruptcy from 36 to 48 months is unsupported, and arguments contradict ministerial statements relating to protected trust deeds


This month's Council profile features Glasgow member and former President Austin Lafferty

Book reviews

Reviews of Agency (Macgregor); Breach of the Peace (Ferguson)

President's column

Not just the independence referendum, but economic, business, legal aid and access to justice issues are set to dominate the Society's and the profession's thoughts in 2014

Working smarter, working harder

Registers of Scotland page: service standards; 2012 Act update

Hang tough

Sixteen legal practitioners provide a range of predictions for the hugely significant and challenging year for the legal profession, and for Scotland, that is 2014

At home with home reports?

The Scottish Government has opened its promised five year review of home reports, with a consultation on their objectives, operation and content

E-missives: what now?

Later this year, the legislation permitting conveyancing transactions to be carried out fully electronically will come into force, and solicitors will soon have the opportunity to get up to speed

Hedges: a financial plague

Interest rate hedging products are decimating the UK's SMEs, but obtaining redress for alleged mis-selling involves overcoming a number of hurdles

Rights: a bold agenda

The Scottish Human Rights Commission's new National Action Plan aims to transform the planning, budgeting and delivery of public services. What does it involve, and what are its prospects?

Timetable twist

Latest civil cases, including personal injury actions; undertakings; pleadings; interlocutors; recovery of heritage

Overprovision: what next?

Licensing boards are taking a renewed interest in overprovision of licensed premises as a ground for refusing an application

Sustainability is the key

Scottish ministers are proposing to introduce a new presumption in planning in favour of "development that contributes to sustainable development"

LLP rules unveiled

HMRC has published its draft legislation to clamp down on tax avoidance through limited liability partnerships

Relocation: locking the stable door

If a decision to permit a child to relocate with the residential parent is not suspended pending appeal, and relocation takes place, the court may decline to hear the appeal on the merits

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Peter MacIntosh Aikman; Forbes Gillies Leslie; John Raymund MacDonald; Roderick G Mickel; Colin George Horne Watson

Island futures

Profile of the in-house legal team at Orkney Islands Council, both its general legal work and its role in the new "Our Islands Our Future" campaign

An onerous obligation?

What sort of warranties can be given in insolvency sales? This article examines the position in relation to letters of obligation

What's in a name?

Professional Practice column: advice on who is entitled to call themselves an associate

How not to win business: a guide for professionals

No 12 in the tongue-in-cheek series: fail to plan. Stick to those new year resolutions!

Merging: a safe partner?

A reminder of due diligence points relating to firms' risk management and professional indemnity insurance

Ask Ash

Advice column: how can I pick myself up again after an unpleasant parting from my last job?

From the Brussels office

Recent developments in the EU: company boards; small claims; trade secrets

Law reform roundup

Recent work of the Law Reform Department, including Criminal Justice Bill; bankruptcy and debt advice; agricultural holdings; land registration