Back to top
From the archives - April 2014

Scottish banknotes: an uncertain future

Allied to the Scottish currency debate in the event of independence, there is an issue over the future of Scottish banknotes

Abolition of all guardianship and mental health laws?

A warning over draft proposals by the United Nations Committee on the Rights of Persons with Disabilities, which, if intended to further the aims of the relative UN Convention, would have the opposite effect

Attack vectors into the law: phishing

The first of a mini-series on cyber-crime risks to solicitors explains the methods of, and the ways to spot, “phishing” emails

End of the loan?

A summary of the Supreme Court's decision in Durkin v DSG Retail, and the issues it highlights for future cases

Estate handling, Irish style

Are you acting in an estate where there is property in the Irish Republic? We outline the basics of the relevant law and procedure

Reading for pleasure

A special "Pick of the Month" heads this month's selection, along with the usual choice of leisure reading chosen by the Journal's Book Review Editor

Opinion: Fiona Woolf

Regardless of the referendum vote, Scottish legal and other businesses can work with the City of London to realise increasing opportunities in the global marketplace

Book reviews

Reviews of Parent and Child (Norrie); key texts in EU criminal law

Profile

This month's Council profile features Edinburgh member and Vice President-elect Christine McLintock

President's column

Around the world, the concerns facing lawyers are remarkably similar, but perhaps it is Northern Ireland that offers pointers as to how smaller practices might develop new opportunities

User feedback sees results

Registers of Scotland page: 2012 Act policy amendments following consultation; "one-shot rule"

Court reform: does it add up?

What do the court reform proposals mean for access to justice? And can the sheriff court system cope on its present resources? The Journal spoke to a range of interested parties

Diverse perspectives

Keynote speakers at a conference on judicial diversity offered contrasting views on how to achieve it, and even what it comprises

Countdown to the devolved taxes

The head of Revenue Scotland begins a series on the taxes to be levied by the Scottish Parliament and the arrangements for their collection

Rewards for the virtuous

While much of this year's Budget was known in advance, there were a few surprises. We assess the impact on "makers, doers and savers" – and on tax avoiders

Moving times

As law firm mergers and reorganisations become increasingly common, what are the rights and obligations of partners contemplating, or being faced with, leaving their practice?

Profitability north and south of the border

Can we draw cross-border profitability comparisons for solicitors' practices? The feature compares the 2013 Cost of Time Survey results with available data from England & Wales

Silence is golden

A survey of recent cases between banks and loan customers involving allegations of representations by the banks capable of affecting enforcement of the written loan agreement

Risk assessments and OLRs

Latest criminal cases, including orders for lifelong restriction; due diligence; supervised release orders; sentencing; civil and criminal overlap

One for the board

Commentary on Trust Inns v City of Glasgow Licensing Board, where the board's decision to revoke a premises licence was upheld

Reshaping history

An outline of the Historic Environment Scotland Bill, which reflects some important policy changes in the new body's powers

Good linking

Commentary on the CJEU decision in Svensson v Retriever Sverige, on copyright and links to items on external websites

Scottish Solicitors' Discipline Tribunal

Report relating to Alistair George Kay

People on the move

Collected news of new appointments and practice changes

A happy marriage?

What do in-house lawyers really want from their relationships with private practice? The issue was discussed at a recent forum in London

Fair Exchange?

Despite concerns expressed by the Law Society of Scotland, solicitors should benefit when the Lender Exchange system goes live, its managing director tells the Journal

Premium result

Background and commentary on the tenancy premiums case, Cross v Aberdeen Property Leasing

Clients: on good terms?

The series from the Scottish Legal Complaints Commission looks at recent issues arising from solicitors' terms of business

Teasing out Taylor

Professional Practice column: the Taylor review and what it might mean for referral fees

The law - it's just mental

The Word of Gold: with stress such a major factor for practising lawyers, all firms should have a published policy encouraging people to ask for support

Gold dust data

Risk management: answers to frequently asked questions about information security, flagging exposure to external frauds as a current security concern and priority for the profession

Ask Ash

Advice column: I can't get the trainee I'm mentoring to shut up

Pritchard Trust applications invited

Grants available for academic session 2014-15

From the Brussels office

Recent developments in the EU: companies; insolvency; Common European Sales Law; VAT

Law reform roundup

Recent work of the Law Reform Department, including disabled persons' parking; bankruptcy; Revenue Scotland; courts reform; Scotland's economic future; assisted suicide

SYLA does EYBA - proud

A report on the Spring Conference which has left European delegates enthusiastic over their first visit to Edinburgh