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From the archives - December 2014

Factors in the balance

Is the cost to the taxpayer and the factoring industry of resolving disputes via the home owner housing panel justified by the number and value of disputes heard?

Balancing the right to decide

The case that equality within the Union requires Scotland to have a permanent power to hold a legally binding independence referendum

Life yet in oil and gas

In-house interview featuring a solicitor who gained the legal and commercial experience for a business development role with an oil and gas exploration and production company

Commercial awareness begins at trainee stage

This article demystifies “commercial awareness” for prospective trainees – and explains how it can help them get the traineeship they want

Relocation and the finances of contact

A recent Inner House decision on child relocation provides useful lessons both on procedure and on the factors considered relevant

Reading for pleasure

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

Opinion: Archie Maciver

Another wide ranging Licensing Bill will make it harder for those affected by the law to keep properly up to date; and it is questionable whether the new regime for air weapons will achieve its purpose (fuller article)

Book reviews

Reviews of Confiscation and Civil Recovery (Carmichael); Law of the European Convention on Human Rights (Harris, O'Boyle and Warbrick)


This month's profile goes cutting edge by turning the spotlight on Paul Motion, convener of the Technology Subcommittee

President's column

The gender equality now found in the Scottish Government is matched in the solicitors' profession, as shown in the latest membership statistics and the prospect of an all female team to lead the Society

Up and running at last

Registers page: roundup of where to look for help with the 2012 Act; obtaining the new reports; Land Register completion consultation

People on the move

Collected news of new appointments and practice changes

With this Act, I thee wed

As same sex marriage in Scotland becomes a reality, this article highlights some of the new provisions that practitioners should bear in mind when consulted on the effect of the Act

Tax: a mission to inform

Revenue Scotland page: Revenue Scotland is actively engaging with all those who will be involved with returns for the new devolved taxes, including through special roadshows in the near future

For better, for worse

The Journal's 2014 employment survey: optimism for the economic outlook may have peaked, but on average, pay and conditions have picked up somewhat this past year

Filling the Bournewood gap

Discussion of the Scottish Law Commission recommendations on how to protect adults with incapacity from unlawful deprivations of liberty, attempting to avoid the difficulties that have arisen in England

Power talking

The main proposals by Lord Smith of Kelvin's Commission for further devolved powers, and how they may be taken forward

For whose aid?

The Society's discussion paper on legal aid contains some controversial ideas, provoking some vigorous protests from those potentially affected. We explore what it seeks to achieve

Balanced view

Latest criminal cases, including jury charges; choice of representation; sentencing; identification; court reform

A laughing matter?

A new provision excepting parodies from claims of copyright infringement needs some clarification as to its scope

Directors: how much is too much, or not enough?

Recent cases in Scotland and England are helpful in marking the scope of directors' duties, as the Government promotes further disqualification criteria

Credit where it's due?

Is the Financial Conduct Authority living up to the promises made for it in relation to consumer credit?

New age, new image, new media, continuing problems?

Continued vigilance is required over the use of social media by young sportspeople in particular, to protect their own and their sport's public profile

Scottish Solicitors Discipline Tribunal

Reports of cases relating to Scott Allan; Graeme Stark Herald; Colin Neil Macleod; Gerard Noble Nesbitt; Anthony Quinn

Lawyers as leaders

Do you believe you would make a better contribution to your organisation's decision-making if you were consulted earlier? Here are five tips to get your voice heard in the boardroom

Property Law Committee update

Recent progress on the Land Registration Act; CML Handbook; national standard clauses

Property Standardisation Group update

A note on revisions to standard documents in light of the Land Registration (Scotland) Act 2012

Over the finishing line – 2

This second (updated) extract from the article with advice on applications for registration under the 2012 Act, covers the new forms of searches and reports, and the general application conditions

Not proven no more?

Submissions from the profession to the Post-Corroboration Safeguards Review take opposing views on the desirability of retaining the not proven verdict

Vulnerable clients guidance now extended to the young

Guidance now applies whenever client or prospective client lacks full capacity

From the Brussels office

Recent developments in the EU, including Choice of Court Agreements Convention; tax information exchange; IP standardisation

Take it to the schools

Following a successful pilot, teaming up with law students to educate school pupils in the law and legal skills, the Society is seeking more students (and graduates) to expand its "Street Law" scheme

A future – a vision

Central government lawyers and the prosecution service have joined forces for schools outreach project, Your Future in Law

Ask Ash

Advice column: just because I'm unattached, why should I have to work over Christmas?

A strategy with legs?

The Word of Gold: a stocking filler for law firm leaders on the theme of defining your market

Who's got what it takes?

How to reduce bias in trainee recruitment was the theme of a recent Update seminar. What practical advice emerged?

I can act, but should I?

Professional Practice column: whether a conflict of interest exists may be a complex question requiring consideration of factors beyond those with which the clients are immediately concerned

Prominence unplanned

Legal pioneers: Patricia Barclay, a former in-house counsel now with her own practice providing general counsel services to cutting-edge businesses without their own