From the archives - June 2015
The UK Supreme Court has altered the duty on a doctor when giving advice about treatment, in relation to possible risks to the patient. What are the implications?
A recent English case is good news for landowners and bad news for motorists
Another golfer struck by a wayward shot has succeeded in claiming damages. What lessons can be drawn?
When can a company say no to a request for inspection of the shareholders' register? The case law considered
The change in land registration law has increased the risk to solicitors of registering a deed that is void as a transfer of part of an owner-occupied croft (fuller version)
This month's selection of leisure reading, chosen by the Journal's book review editor
The Evidence and Procedure Review Report proposes controls on cross-examination by the defence in criminal trials. The defence bar would oppose any measures that remove the basic right to cross-examine
Review of Walker and Walker, Evidence (Ross and Chalmers)
This month's profile heads north to feature George McWilliam, one of two Council members for the Highlands and Islands sheriff court districts
This is set to be a year of change for the Society, but an all-female leadership is not necessarily the most significant innovation that is happening
Registers of Scotland page: A fee discount on voluntary registration for the next two years is one of a number of steps towards achieving the goal of completing the Land Register by 2024
Collected news of new appointments and practice changes
Repeal of the Human Rights Act has been delayed. Is it still at risk? The editor reviews the continuing debate, the options for change, and the obstacles facing the reformers
High street firms so often provide excellent client service, but are they too modest about it? A support network lawyer wonders whether they are missing a chance to underpin their future
Would trials be enhanced by the leading of evidence pre-recorded at an early stage? The idea is central to a research paper authored by the Lord Justice Clerk, who spoke to the Journal about it
What marks out lawyers who do really well for clients in a mediation? A conversation with Core Solutions
Practitioners may need to rethink their view as to the courts’ preparedness to make an order for periodical allowance over an extended period, even where a substantial capital sum is also payable
Latest criminal cases, including adjournment for lack of time; proof in mitigation; offensive behaviour at football; threatening or abusive behaviour
Intellectual property briefing: an important ruling from the UK Supreme Court clarifies the need for goodwill in the jurisdiction to found an action for passing off
Sport briefing: the Court of Arbitration for Sport has set out certain “essential requirements for fairness” in sports dispute hearings – but are they necessarily appropriate?
Corporate briefing: with the growth in outsourcing, solicitors need to be aware of the contractual risks and to be ready to advise accordingly
Property briefing: the Council of Mortgage Lenders Handbook has been amended for Scotland, as was promised following the “sep rep” debate. What has changed for solicitors?
Property briefing: the change in land registration law has increased the risk to solicitors of registering a deed that is void as a transfer of part of an owner-occupied croft
A Commonwealth Law Conference session dedicated to in-house work revealed a dedication to the same principles, and similar challenges in relation to them, in widely differing work environments
New members wanted to help support further publications
2015 edition now registered and available for use
Recent work of the Law Reform Department, including assisted suicide; smoking in cars with children present; fatal accident inquiries; charities
Details of this year's Scottish Solicitors Benevolent Fund golf outing
A new strategy, new premises and the prospect of new legislation for the profession all featured in the presentations to members at the Society’s annual general meeting
An innovative online system to help solicitors meet anti-money laundering obligations is being launched this month
The Word of Gold: clients don't place value on time spent, so why do solicitors charge that way?
The opportunity to learn lessons and minimise the risk of recurrence is one of the few
positive aspects of solicitors experiencing a claim against them or their colleague
Advice column: female colleagues can't seem to take my new improved look
The Society’s latest equality and diversity research study sought to establish the true impact
of technology – finding both beneficial and disruptive effects