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From the archives - November 2014

Age before duty

The Equality Act has been applied in favour of a disabled young person who required an additional year at school, in a novel sheriff court action

Title to tissue

Recent experience of medical procedures prompts the author to review the still embryonic law regarding property rights in human body parts

Standing the test of time?

Little research has been done into how the Scots law on financial provision on divorce is used in practice. A new project aims to put that right

Adjudication: a risk of abuse?

A ruling against a party seeking interdict to prevent alleged repeated abuse of the adjudication process poses difficulties for the innocent

Courts in all but name

The tribunal system is becoming more like the courts, but is that an advantage? This article weighs up the factors

When is a person a “relevant person”?

A review of the case law on who meets the “relevant person” test for the purposes of appearing before a children's hearing

Reading for pleasure

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

Opinion: John Scott QC

All with an interest in criminal justice should respond to the consultation by Lord Bonomy's Post-corroboration Safeguards Review, the constructive suggestions in which expose the far-reaching nature of the abolition proposal

Book reviews

Reviews of Dundas & Bartos on the Arbitration (Scotland) Act 2010; The Good Lawyer (Linder and Levit)


Following the non-lawyer's view last month, this time the profile turns to a solicitor member of the Appeals & Reviews Subcommittee, Gordon Ghee

President's column

Legal aid in Scotland needs fundamental reform, and the Society has taken the initiative with a wide-ranging discussion paper containing proposals for both criminal and civil funding

People on the move

Collected news of new appointments and practice changes

The designated day is here

Registers of Scotland page: Key points to remember over the last few weeks until the Land Registration etc (Scotland) Act 2012 comes into operation on 8 December 2014

A tale of two systems

Retiring as Professor of Conveyancing at the University of Glasgow, Robert Rennie reflects for the Journal on the vast changes in law and practice over his working life, many of which he helped to shape

LBTT: the rules and rates emerge

Revenue Scotland page: An update on progress towards the new land and buildings transaction tax regime, including the proposed rates and bands

The price of probity

In what circumstances is a solicitor liable to the party on the other side of a transaction for failing to disclose a client’s fraud? The Inner House recently decided a case on this point

Play to your strengths

Another Update conference dedicated to sole and high street practitioners took place this autumn. We select some of the highlights from a full day

Into the unknown

Since he sold his practice, the author's career journey has taught him important lessons about the digital age and the health of the profession

A changing landscape

Cloud computing services are well established in the legal market, but data security issues in the news mean that providers have to keep abreast of customer queries

Get the basics right

Latest civil procedure cases, including written pleadings and proof; appeals; suspension of diligence; family actions; summary causes

Holiday pay: give us a break

Calculating holiday pay has become a minefield of potential claims. How can employers protect their position?

Money into thin air?

The emergence of bitcoins poses real challenges for family lawyers seeking full disclosure of the opposing party's assets

Pathways to justice

A recent report into dispute resolution options in family cases reflects the value of practitioner training in the available methods

Flesh on the bones

Two bills now before Parliament reveal more detail of the pension flexibility reforms

Scottish Solicitors Discipline Tribunal

Reports of cases relating to Keith Guy William Armstrong; Alan John Baillie; Stephen Gerard Fagan; Fife Council/Robert Vaughan; Christopher William Hales

Streams of thought

The in-house streamed sessions at the Law in Scotland Conference covered issues ranging from the global to the role of mediation at in-house level

Over the finishing line

As you prepare for your first applications under the Land Registration (Scotland) Act 2012, check out the guidance here – an extract from a longer article – on the information that has to be provided

Over the finishing line (full version)

The full article from which this month's Property briefing is extracted, explaining the new forms of reports, and applications for registration, under the Land Registration (Scotland) Act 2012

Law reform roundup

Recent work of the Law Reform Department, including devolution; serious crime prevention; recall of MPs; charities; assisted suicide

The path less travelled

A survey of people who undertook an alternative route to qualification has provided new insight into their motivations and their career path

The right kind of risk

The Word of Gold: In search of the right strategy? Embrace your inner risk taker

Frauds and scams – increasing awareness

Against an increasing risk of falling victim to fraud, which some still underestimate, this article considers the profession’s exposure, and steps to reduce the risk

Ask Ash

Advice column: my boss only seems to reward her favourites, and I'm not one of them

The process engineer's tale

Michelle Hynes, the subject of our latest “legal pioneer” profile, has a remarkable story to tell, demonstrating the kind of spirit that sees problems as opportunities

To disclose or not to disclose?

The Professional Practice column explains the effect of counsel’s opinion on the extent of a solicitor’s duty of disclosure when it comes to marketing a property