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From the archives - March 2014

The role of "attachment" in child custody and contact cases

A secure attachment plays a key role in a child’s psychological development, and assessment of attachment applying practical tests can be a useful tool to support court decisions

No protocol – what expenses?

The fuller-length article reviewing the cases ruling on expenses where defenders' insurers have refused to follow the Pre-Action Protocol

Ecocide: a worthy "fifth crime against peace"?

Environmental activists are beginning to speak of "ecocide" as fit for the jurisdiction of the International Criminal Court

Mandatory mediation: better for children

The chief executive of Relationships Scotland calls for radical change to the way child disputes are settled

Reservoir safety regulation: a changing landscape

The key changes to reservoir safety under the Reservoirs (Scotland) Act 2011, and who will be affected

Reading for pleasure

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

Opinion: Mark Hordern

Law firms and Property Centres need to get behind the SPC Scotland website, to create an effective, credible alternative to national property portals

Book reviews

Reviews of The Licensing (Scotland) Act 2005 (Cummins); The Law of Corporate Insolvency in Scotland (St Clair and Drummond Young)


This month's Council profile features non-solicitor member Suzanne Dawson, whose commitment is to equality of access to the profession

President's column

Visiting local faculties, and engaging with UK and Scottish ministers, has enabled the Society to voice members' concerns direct to government

Digital deeds move closer

Registers of Scotland page: 2012 Act update; service standards

Fair access - a fair way to go

The Fair Access to the Legal Profession report contains the action plan devised by the Law Society of Scotland, having committed itself to planning for fair access

No protocol – what expenses?

A number of recent cases have concerned disputed issues on expenses where defenders' insurers have refused to follow the Pre-Action Protocol [shorter version]

Hedges: not all bad news

A reply to the recent article on interest rate hedging products: while there has been mis-selling, not all deals are “toxic” to borrowers, and some borrowers have not taken enough care

Daring to be different

As Harper Macleod celebrates its 25th anniversary, Professor Lorne Crerar, whose vision led to the founding of the firm, tells the Journal of the philosophy of innovation that lies behind its success

Financial planning or wealth management – is there a difference?

What does wealth management actually comprise, and who should be considering it?

Success in the balance

As more legal and other firms are coming to realise, a good gender balance at senior level pays dividends in terms of decision making and financial performance. This article explains why

Wealth management for business leaders and owners

It makes sense for a business owner to engage wealth managers when starting to plan for future disposal, freeing them to continue generating value

Purpose of the protocol

Latest civil cases, including personal injury actions; jurisdiction; orders for disclosure; competent and omitted; adults with incapacity; summary decree; caution; sexual offences prevention orders

Actionable data wrongs?

An English decision has allowed an action to proceed against Google for misuse of private information and breach of data protection

Land Court: business as usual

Three recent cases of interest, dealing with post-lease agreements, notice to quit, and resumption

Penalty points

The need to avoid drafting call options and deferred payment clauses in such a way that they are classed as penalty clauses

Scottish Solicitors' Discipline Tribunal

Report relating to Norman Douglas Paton Cathcart

Fever pitch

With only a few months to the Glasgow 2014 Commonwealth Games, activity at the Organising Committee is reaching its climax, not least for the in-house legal team

Heritage regained

A look at the reasoning of the Inner House as it reversed the decision that liquidators could abandon a company's burdensome interest in heritable property

All grist to the mill

The 2013 Ipsos MORI survey of members’ perceptions and opinions has once again provided valuable feedback to help the Society shape its future priorities

Wills: is it OK to act?

Professional Practice column: some questions that regularly arise on the rules about preparing wills for professional colleagues

Gongs, dinners and just deserts

The Word of Gold: contrary to last month's Opinion article, legal awards have value, and winning one can bring real benefits to a firm

Perils of the home

Risk issues for solicitors when acting for clients at opposite ends of the house ownership spectrum – first time buyers, and mature houseowners releasing equity from their homes

Ask Ash

Advice column: my stressed-out colleague is struggling to cope with a heavy workload

Scots lawyers debate Union in London

How the Society hosted solicitors working south of the border for a debate on Scotland's future

Public Guardian news roundup

Coverage of the new table of fees, the OPG's new website, and the latest on the EPOAR facility

Law reform roundup

Recent work of the Law Reform Department, including Criminal Justice Bill; lobbying inquiry; Immigration Bill; Revenue Scotland and Tax Powers Bill; Energy Law Committee

Personal Injury User Group at your service

The PIUG at the Court of Session, which now includes sheriff court representatives, encourages those working in the field to feed into its discussions

Diary of an innocent in-houser

The tale of a non-lawyer colleague who fancies himself as a property dealer