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From the archives - September 2014

Keep the job going?

Tactics can be important in advising on the best response by a client faced with a repudiatory breach of an employment contract, as recent cases show

Asbestos and the state of knowledge

In advising on asbestosis claims, it is important to consider whether the level of exposure points to liability, given the information available at the relevant time

Damned lies and bogus statistics

The distortions regarding the European Court of Human Rights put forward by hostile politicians and their allies in the media

Sorry seems to be the hardest word

The proposed Apologies (Scotland) Bill aims to encourage apologies without affecting legal liability. Is it likely to make a difference?

With a fair RWIND

The UK Supreme Court gave helpful consideration recently to what must be established for a succcessful challenge to a public procurement decision

Planning land reform: the land of Scotland and the common good

A note highlighting the main features of the Land Reform Review Group report relating to the urban environment

Reading for pleasure

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

Opinion: Joanne Gosney

The rule that legal personality requires independent life, however brief, out of the womb, can operate unfairly where medical negligence at term results in a stillborn child

Book reviews

Reviews of The Law of Succession: Origins and Background of The Law of Succession to Arms and Dignities in Scotland (Moncrieffe of that Ilk); The Mother Court (Zirin)


This month's profile features Tim Musson, convener of the recently re-formed Privacy Law Subcommittee

President's column

The Society's commitment to achieving a balanced and informed independence referendum debate will reach a fitting culmination on 3 October at the Law in Scotland conference

Roadshows roll out

Registers of Scotland page: Land Registration Act roadshows; appointment; service standards

People on the move

Collected news of new appointments and practice changes

Outcomes, or own goals?

Have you caught up with the far-reaching potential changes to professional regulation and practice rules? The Society wants to know whether it is time to rewrite the rulebook

Power and authority

The sheriff court decision that a commonly used form of power of attorney is invalid has caused much concern. This article offers an alternative view of the statutory requirements

Licensed to reoffend?

This article looks at the evolution of the current scheme for automatic early release of prisoners, and questions the evidential basis for the Scottish Government bill that would restrict it

Raising the bar for the bench

Only 17 years old, Scotland's judicial training body has evolved into a sophisticated institute, one that today faces new challenges. The Journal met its new director, Sheriff Alistair Duff

Title insurance – under the bonnet

In association with Titlesolv: there is more to choosing title insurance than premium and policy coverage

Working for Uncle Sam

All UK trusts, and their advisers, need to know about the imminent US tax law known as FATCA, the reach of which is such that it has been made part of UK law

Family failings

Latest civil cases, including family actions; withdrawal of writ; reponing; counterclaims; personal injuries actions; expenses; party litigants

Shopping with protection

Retail store layouts are capable of acquiring trade mark protection, the CJEU has ruled

Private sector progress at public sector expense?

The Procurement Reform (Scotland) Act 2014 adds to the duties on procuring authorities, but should improve opportunities, and transparency of procedures, for intending bidders

Rent review: the storm before the calm

The protracted Roxburgh rent review case has been followed by temporary proposals to simplify the whole procedure, pending the AHRLG report

Doping: raising the stakes

Significant changes to the World Anti-Doping Code come into force on 1 January 2015, attempting to make it firmer but also fairer

New financial services arm for ILG

A seminar on the impact of Scottish independence on the sector was the occasion for the launch of the ILG Financial Services Network, the aims of which are set out here

Under starter's orders

With the new land registration regime now a matter of weeks away, these are some practical matters solicitors need to know in order to make the leap to the 2012 Act changes

Childcare: the benefits

How an employer-supported childcare voucher scheme works, and why you should act now if thinking of one

Law reform roundup

Recent work of the Law Reform Department, including tobacco standard packaging; Mental Health (Scotland) Bill; wildlife investigative powers; Pension Schemes Bill

Follow the leader

In a new series featuring legal pioneers, the Journal meets Craig Connal, the first Scottish solicitor advocate to be appointed Queen's Counsel

Five years from when?

How solicitors should respond to the UK Supreme Court's recent important ruling on when the five-year prescriptive period begins to run

Ask Ash

Advice column: I'm fed up with my colleague's comments about my weight since I gave birth

Take the money?

You act in an executry where a beneficiary cannot be traced, or fails to cash their cheque. What do you do? The Professional Practice team advises

From the Brussels office

Recent developments in the EU: money laundering; lawyers' freedom of establishment

Beware the bank calls

Update's recent Financial Crime Conference highlighted the deceptions now being used to attempt to access solicitors' client accounts – and advice on precautions

Mentoring – why?

The Society is again looking for career mentors. One who took part this year thinks it's a great idea