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From the archives - June 2014

“It is a wise father...”

A public petition before the Scottish Parliament seeks stronger rights for unmarried fathers, but would a different approach be preferable?

Let the Games begin

How can employers best manage absence – through leave or otherwise – during major sporting events, in particular the Glasgow 2014 Commonwealth Games?

Power for change: EHRC's litigation strategy

How the Equality & Human Rights Commission uses its litigation powers to achieve maximum impact

Framework for tribunal reform

An overview of the new structure for tribunals to be introduced by the Tribunals (Scotland) Act 2014

MIAMs: making meetings the end?

The fuller version of the Opinion column discussing whether we should follow the mediation information and assessment meeting (MIAM) model for family cases in England & Wales

Legal locksmiths: locking and unlocking charitable gifts and bequests

Two new Holyrood Acts illustrate the need for foresight when drafting charitable gifts and bequests

Reading for pleasure

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

Opinion: Marjory Blair and Kirsty Miguda

Should we follow the MIAM model now being introduced in England & Wales, or is there an alternative way to ensure consideration of ADR in family cases?


This month's Council profile features Brandon Malone, a new Council member for Edinburgh but someone with previous experience on the Society’s committees

Book reviews

Reviews of Road Traffic Law in Scotland (Wheatley); Lord Mansfield: Justice in the Age of Reason (Poser)

President's column

With the referendum, the Commonwealth Law Conference and much more, this will be an eventful presidency, but the principal commitment is to the Society's relevance to members

The big day unveiled

Registers of Scotland page: Land Registration Act designated day; completion of the Land Register; RoS roadshows

Identity crisis?

What does the merger of its former number one law firm say for the future of the Scottish profession? CMS's Caryn Penley and Stephen Millar explain why they think the outcome is positive

Arbitration: the way forward in disputes?

Extract from the lecture to celebrate the inauguration of the Law School at The Robert Gordon University

A brand new framework

Revenue Scotland page: the context within which the new authority will operate, including the approach of the General Anti-Avoidance Rule

Hello? Hello?

If a potential client cold-called your firm with an enquiry, how would they be treated? Ian Cooper, who presented at an Update seminar on the subject, believes most practices could do much better

A mediation story: The Mediator's Log

In association with Core Solutions: What happens when you are a mediator and you start another mediation day? A short introduction to a much longer story

ADR: Faculty makes its pitch

The Faculty of Advocates Dispute Resolution Service makes it easy to identify advocates specialising in various forms of ADR

Justifying extensions

Latest criminal cases, including applications for extensions of time in solemn cases; sentencing companies; absolute discharge

Season of change

This summer sees a raft of change to IP legislation, affecting patent, design and copyright protection

Beneficial changes

The Government is proposing to force companies and LLPs to detail exactly who their shareholders (or members) are, in a bid to make it clear who really owns or controls them

Stormy waters

Points to be aware of in the commercial exploitation of sporting brands and events, a key feature of modern sport

Which way will it jump?

Areas identified by the Agricultural Holdings Legislation Review Group to focus on in its further deliberations

People on the move

Collected news of new appointments and practice changes

Games-time goals

Interview with the Head of Legal at Glasgow 2014, whose role is a multi-faceted one even by in-house standards

Acceptance or warrandice?

Does the inclusion of a clause granting absolute warrandice in a disposition of commercial property risk a claim by a vendor client for failing to follow instructions?

Getting ready for the "designated day"

The PSG is beginning work on the changes in practice required by the new Land Registration Act

Turning concern into action

The Society has joined other professions in issuing guidance on raising concerns where necessary to protect a client, or uphold professional rules and standards

Ask Ash

Advice column: my boss has a problem with my teetotal lifestyle choice

Here comes 2012

Professional Practice column: an update on the 2012 Land Registration (Scotland) Act, which comes into force in December

Ploughing a lone furrow

The Scottish Legal Complaints Commission is working to assist sole practitioners in dealing with complaints

Safety in networking

While the various social media can bring benefits and opportunities, they need to be used carefully to comply with professional standards and safeguard against the maliciously inclined

Law: an insight job

The Word of Gold: it's fine to be a specialist, but don't ignore the world beyond

Sheriff decision causes power of attorney alert

Advice from the Society, and comment from the Office of the Public Guardian, following the sheriff court decision holding invalid a widely used form of continuing power of attorney

Law reform roundup

Recent work of the Law Reform Department, including assisted suicide; housing; air weapons and licensing; courts reform; disabled parking badges

"Find a registered paralegal"

Registered paralegals can now be searched for on the Society's website in a similar way to solicitors