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From the archives - June 2015

Weighing the risks

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?

Private parking fines – are they enforceable?

A recent English case is good news for landowners and bad news for motorists

Scotland – home of (dangerous) golf

Another golfer struck by a wayward shot has succeeded in claiming damages. What lessons can be drawn?

Shareholder details: the right to refuse

When can a company say no to a request for inspection of the shareholders' register? The case law considered

Perils of the owner-occupied croft (fuller version)

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)

Reading for pleasure

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

Opinion: Thomas Ross

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

Book reviews

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

President's column

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

Land Register completion: one year in

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

People on the move

Collected news of new appointments and practice changes

Rights: whose final say?

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

The word on the street

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

Screen test

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

Making the best of mediation

What marks out lawyers who do really well for clients in a mediation? A conversation with Core Solutions

Keep up the payments

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

The right priorities

Latest criminal cases, including adjournment for lack of time; proof in mitigation; offensive behaviour at football; threatening or abusive behaviour

When reputation is not enough…

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

Sports justice – being seen to be done?

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?

Source of disputes

Corporate briefing: with the growth in outsourcing, solicitors need to be aware of the contractual risks and to be ready to advise accordingly

CML Handbook: the new deal

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?

Perils of the owner-occupied croft

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

In-house and in-tune in the Commonwealth

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

Stair Society seeks new blood

New members wanted to help support further publications

New Build Standard Clauses revised

2015 edition now registered and available for use

Law reform roundup

Recent work of the Law Reform Department, including assisted suicide; smoking in cars with children present; fatal accident inquiries; charities

Leven's last hole rarely in benevolent mood

Details of this year's Scottish Solicitors Benevolent Fund golf outing

Year of the new look

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

AML just became simpler

An innovative online system to help solicitors meet anti-money laundering obligations is being launched this month

"My time is valuable!" Oh really?

The Word of Gold: clients don't place value on time spent, so why do solicitors charge that way?

Learning opportunity

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

Ask Ash

Advice column: female colleagues can't seem to take my new improved look

Technology: slave or master?

The Society’s latest equality and diversity research study sought to establish the true impact of technology – finding both beneficial and disruptive effects