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From the archives - March 2015

Structured settlements: worth a look?

Still rare in Scotland, structured settlements can have advantages in some cases. The author describes her experience of one such action

Unfairness defined

An overview of the first UK Supreme Court case on the powers to reopen an allegedly unfair credit bargain

Our digital afterlife

Following Facebook's initiative, this article highlights some issues regarding what happens to your digital assets on death

Powers of attorney: full instructions?

In light of recent developments, this article points up the issues to cover when taking instructions on a continuing power of attorney

Writings redefined

A briefing from the Scottish Law Commission on the new Legal Writings Act, which is coming to a contract near you

Reading for pleasure

This month's selection of leisure reading, chosen by the Journal's book review editor

Opinion: Adam Lang

The impact of housing and housing needs has been neglected to date in the debate on land reform, according to Shelter Scotland, but should be at the heart of it

Book reviews

Review of The Power of Persuasion (Blom-Cooper)

Profile

The Council profile this month highlights non-solicitor member Graham Watson, an accountant who appreciates the “professionalism” shown at the Society

President's column

Members continue to regard effective regulation as the Society’s highest priority, and work will continue to identify the improvements that will result in the most efficient and effective system

Roll up to register

Registers of Scotland page: voluntary registration; 2012 Act guidance; rejected applications

People on the move

Collected news of new appointments and practice changes

Tax plan's on track

With just a few weeks remaining until the first Scotland-only tax for more than three centuries comes into effect, preparations are going well for the big day

Lease of life

Commercial property lawyer Caroline Drummond, new commissioner at the Scottish Law Commission, tells the Journal about the challenges that await her and the reasons she wanted the role

No win, no fee: no problem?

The authors explore the approach of the Scottish Government’s consultation, based on the Taylor report, in seeking to increase funding options for litigating clients

Ready to go to court?

Courts in England & Wales recognise the benefits of witness familiarisation – as opposed to coaching – in advance of a trial. Should the practice be recognised in Scotland?

Taking on the expert

How do you cross-examine a witness who knows far more than you about the subject in question? This article suggests some possible lines of attack

Pensions: keep up with the shake-up

Financial planners highlight features of the pension reforms that increase the need for solicitors to ensure they are properly advised over their own pension arrangements, as well as their clients'

Equity investment and law firm funding

What difference has external investment made so far to English law firms, and does it affect the Scottish market?

Entitled to rely

Latest civil procedure cases, including solicitor's authority; jurisdiction; options hearings; personal injury actions; expenses; family actions; summary applications; sequestration

See-through setups

Corporate briefing: many companies will have to take action to ensure compliance with the transparency and reporting provisions of the Small Business, Enterprise and Employment Bill

Copyright: defining the boundaries

IP briefing: a note on two important copyright rulings from the Court of Justice of the European Union

Tenancies: the shape of things to come?

Agriculture briefing: the main headlines from the final report of the Agricultural Holdings Legislation Review Group

A career taking off

The in-house interview checks in with the legal director at Edinburgh Airport, who describes his transition from corporate lawyer in private practice

The system is sound, but...

Property briefing: Sheriff Principal Bowen's Report makes recommendations regarding the Guarantee Fund, and solicitors’ duties when acting for new-build purchasers; Keeper accepts Aronson decision

Law reform roundup

Recent work of the Law Reform Department, including Human Trafficking Bill; Mental Health Bill; land reform; LBTT reliefs

Obituary: Leslie Cumming

The "go-to" man who defined the role of Society chief accountant

From the Brussels office

Recent developments in the EU: unfair contract terms; victim protection orders

From the Clyde to the Caspian

Our latest “legal pioneers” are three Scottish lawyers, moving on from their experience with Glasgow 2014 to leading roles with the team charged with delivering the inaugural European Games in Baku

Some common misconceptions

An overview of some of the misconceptions about the operation of the Master Policy, addressed in the Master Policy Guide

Ask Ash

Career advice: going back on a date with a colleague is causing me unpleasantness

Mediation: new options

An update from the Scottish Legal Complaints Commission on its continuing focus on mediation

ABS: time to accept the evidence

The Word of Gold: there can only be one answer to the question whether to endorse non-lawyer ownership of law firms

It is OK to change your mind

Legally IT: urging lawyers to be more receptive to the potential of new ideas, our columnist charts the growth of social media in the face of initial scepticism

Sizing up the class of 2018

A Society survey of first-year LLB students offers a fascinating glimpse into the future makeup of the profession