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From the archives - October 2014

Respect revived

A review of the Court of Appeal decision holding a “Do not resuscitate” notice in conflict with ECHR article 8, and its impact on policy in Scotland.

Adoption: when should contact continue?

Key questions for a psychologist giving expert evidence on post-adoption direct contact

Family values

Judges' awards for the loss of a close relative have increased markedly over the past year or two, with certain factors emerging as of weight

Designs on IP law

A review of the most significant effects of the Intellectual Property Act 2014, which modernises the law regarding designs and patents

Section 29 claims, time bar and service

What constitutes an “application” for a s 29 cohabitant claim? The author reports on a case that fell short

Sharing the rewards

The incentives and advantages of all-employee share ownership schemes, as HM Treasury consults on a possible new shareholding

Reading for pleasure

This month's selection of leisure reading, chosen by the Journal's book review editor

Opinion: Lauren Wood

The introduction of mandatory reconsideration as a compulsory stepping stone to benefit appeals has created a situation of long delays, causing serious hardship for claimants

Book reviews

Reviews of Directors' Decisions and the Law (Belcher); The Justice Factory (Mitchell)

President's column

The Society will continue to play a constructive role in seeking a lasting constitutional settlement, alongside promoting the interests of the justice system in further initiatives with government

Making the big changeover

Registers of Scotland page: Land Registration Act commencement; pre-registration enquiries; 2012 Act guidance; Land Register consultation

People on the move

Collected news of new appointments and practice changes

Another leap forward

With new legislation, and new digital ways of working, how should Scotland's conveyancers view the future? This was explored at a round table organised by the Journal and First Title

LBTT: aligning payment and registration

Important differences between SDLT and LBTT, impacting on coordinating payment of tax with registration of title, are explained, along with the important concept of “arrangements satisfactory"

The (legal) people have spoken

A flavour of the Society's "Law in Scotland" conference, which headlined with the post-referendum scene, delivered some powerful business messages, and incorporated the ILG's annual event

Powers of attorney: another angle

The debate over validity of powers of attorney continues, with further comments following last month's critique of the NW decision, and another shrieval ruling that takes a different line

Greatness begins with a pin badge

A look back on Harper Macleod’s three-year association with the Glasgow 2014 Commonwealth Games, and how to ensure that any sponsorship tie-in is a beneficial relationship

Jackson: has it delivered?

What lessons for the civil litigation funding reforms proposed by Sheriff Principal Taylor can be taken from the Jackson reforms already introduced in England & Wales?

The test for causing alarm

Latest criminal cases, including threatening or abusive behaviour; contempt of court by prevarication; precognitions as evidence

When do licensed premises "cease to be used"?

Difficulties are emerging over the meaning of a provision that a licence ceases to have effect when the premises cease to be used for the sale of alcohol

Empowering communities

Introducing the extended rights to buy, particularly as respects urban communities, in the Community Empowerment (Scotland) Bill

Has clawback lost its tax bite?

A tribunal ruling may help to clarify the tax position when an employment bonus payment is clawed back

Scottish Solicitors Discipline Tribunal

Reports relating to James William Craig; George Anthony Macpherson Sandilands; Manus Gerard Tolland; Manus Gerard Tolland and Iain Robertson

Property Law Committee Update

Recent work of the committee and the Future of Conveyancing Working Party

Call it a comeback

Comment on the recently passed Buildings (Recovery of Expenses) (Scotland) Act 2014, and comparison with similar provisions under housing legislation

Refereeing the referendum

Behind the scenes of one of Scotland's biggest decisions, Bob Posner had to see that legal requirements were being observed

Law reform roundup

Recent work of the Law Reform Department, including organ and tissue donation; Air Weapons and Licensing Bill; execution in counterpart; devolution

From the Brussels office

Recent developments in the EU: trade marks

What's next for SYLA?

The new season's programme for young lawyers; and a report on this year's European Young Bar Association International Weekend in London

Mediation first

The regular feature from the SLCC explores the benefits and success of mediation in complaints resolution

When life begins at 60

The Word of Gold: Leonard Cohen and Tesco have much to teach us about later life and lawyers

With growth there is risk? (2)

More on the scope for avoiding the increase in conveyancing claims forecast by Master Policy co-insurer Zurich as a consequence of increased property transaction activity

Ask Ash

Advice column: I'm dreading having to make that first court appearance

Sustainable future: new ideas for the training contract

Never taken on a trainee? Some suggestions for how to grow your legal practice by taking on a trainee, without the full cost

Mentoring - why?

Ahead of the Society's second career mentoring programme, a mentee's view of the benefits

Lender Exchange: what's it about?

The Professional Practice column explains the background to the Lender Exchange scheme and the main issues arising

A bar removed

Legal pioneers: Margaret Henderson Kidd, Scotland's first and for 25 years only female advocate