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From the archives - July 2014

“The Union and the law” revisited

Referring to the article of this title by the late Professor Walker, this essay argues that the “rUK continuator” analysis of Scottish independence by Professors Crawford and Boyle is legally and historically unsound

Cartels: raising the stakes

Stronger powers for the new Competition & Markets Authority, closer co-operation between enforcement authorities, and legislative changes, increase the chances of conviction for cartel offences

The cooling-off catch

The full version of the article on extended cooling-off periods and prescriptive information requirements for private clients engaged “off-premises”

Attack vectors into the law: smartphones

The series on IT risks for lawyers continues with an alert on the risks that come with smartphones, and advice on sensible precautions

Money laundering: the Fourth way

Despite some timetable slippage, it is worth reviewing your firm's anti-money laundering systems ahead of the pending Fourth Directive

Has Glasgow morality come to Edinburgh?

The winning entry in the Law Society of Scotland/Scottish Parliament student essay competition, on Police Scotland and prostitution

Reading for pleasure

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

Opinion: Graeme McCormick

Why, when we are promoting our profession's ability to support an independent Scotland, if that should happen, some of our leading firms have decided to lose their Scottish identity in mergers?


This month's profile features Grazia Robertson, member of the Criminal Legal Aid Negotiating Team and a former Council member

Book reviews

Reviews of Key Skills for Professionals (Pannett, Sequeira, Dines and Day); Point Made (Guberman)

President's column

The first month in office has shown how the Society works with the profession, and how influence with the Government can bear fruit – as well as the "feelgood" factor of working for the public

10-year target

Registers of Scotland page: completion of Land Register; Land Registration Act orders

Headline act

Interview with Mark Stephens, one of the UK's most colourful litigators and President of the Commonwealth Lawyers Association, the body behind Glasgow CLC2015

Forget that you ever knew me

The CJEU's decision in the Google Spain case has been popularly labelled the "right to be forgotten". To what extent is this accurate?

The cooling-off catch

Extended cooling-off period and prescriptive information requirements may apply when retaining private clients – do you know the new rules?

Tax devolution: the legal implications

Revenue Scotland page: the legal implications of the new Scottish tax system, as the Revenue Scotland and Tax Powers Bill passes stage 2

Ninth life

With the Scottish Law Commission currently running a consultation on what to include in its ninth programme of law reform, chairman Lord Pentland tells of the factors shaping its priorities

Planning: how does the wind blow?

With further onshore wind development becoming a contentious matter, how do the Scottish Government's new planning policy documents attempt to balance the competing interests?

Going off the rails

Latest civil cases, including delay; abuse of process; decree; family actions; summary causes; diligence; interim interdict; interlocutors; expenses

Employee shares? Sort them yourself

The latest changes to company employee share schemes involve new plans being registered with HMRC, "self-certified" by the company, rather than obtaining HMRC approval in advance

Angostura, anyone?

Comment on the liquor licensing provisions of the Air Weapons and Licensing (Scotland) Bill

National priorities

Overview of the new SPP and NPF3 planning policy documents from the Scottish Government

Scottish Solicitors' Discipline Tribunal

Report relating to James Gerard Brophy

People on the move

Collected news of new appointments and practice changes

Heart of the action

Take an in-house role and you could end up as Group company secretary and general counsel of a FTSE 100 company

Helping solicitors on Help to Buy

With numerous house purchases now approved under the Help to Buy (Scotland) scheme, this article provides a step-by-step guide to completing the transaction

Conditions countdown

The 10-year transitional period preserving real burdens not automatically protected by the Title Conditions (Scotland) Act 2003 will soon expire

Where bullocks fear to roam

The Word of Gold: pricing issues inevitably raise more fundamental questions of how a business is structured

Fit to grant?

Professional Practice column: how the guidance on assessing capacity of clients proposing to grant 2000 Act powers of attorney, advises on further consultation depending on the view formed

Controlling the risks

Some of the most common themes arising in corporate/commercial claims experience, and possible controls to minimise the risk of claims and complaints

Ask Ash

Advice column: my maternity leave locum has been given a full-time job – and it appears to be mine

Opening up the law

As the Society develops its work on fair access to the profession, we report on its first forum devoted to the subject, with further contributions from two of the presenters

From the Brussels office

Recent developments in the EU: family law

Law reform roundup

Recent work of the Law Reform Department, including Deregulation Bill; Consumer Rights Bill; Infrastructure Bill; Housing (Scotland) Bill

Post-corroboration Review update

A response to queries about how the Post-corroboration Safeguards Review will proceed