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From the archives - September 2015

Good health – fair question?

In light of revelations at the Glasgow bin lorry inquiry, the authors consider how employers can legally enquire into a job applicant's or employee's medical condition

Time to raise the age of criminal responsibility

The Criminal Justice (Scotland) Bill presents the opportunity to raise the age of criminal responsibility in Scotland to 12 years old – one we should seize

Adoption of foreign children – a clash of cultures?

As the likelihood increases of adoptions involving children from other countries, Scotland should adopt guidance from the Family Division in England & Wales

Presumed liability: the case for action

Is presumed liability the answer to compensating vulnerable road users quickly and fairly? A recent case with a cyclist victim illustrates the shortcomings in our current fault based system

Le Bief Bovet: 700 years of litigation

On holiday in Haute Savoie, a Scots lawyer uncovers an inter-village dispute that he thinks must create some sort of record

Reading for pleasure

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

Opinion: James O'Reilly (fuller version)

The Society has put forward various proposals to reform the Guarantee Fund, but solicitors should consider carefully which would be beneficial to the operation of the fund and to the profession (fuller version)

Opinion: James O'Reilly

The Society has put forward various proposals to reform the Guarantee Fund, but solicitors should consider carefully which would be beneficial to the operation of the fund and to the profession

Book reviews

Reviews of Email, Social Media and the Internet at Work (Mason); Deferred Prosecution Agreements (Sprenger), Ernie Shippin

Profile

Eilidh Wiseman, the Society's Vice President, describes her background and perspective on the profession, her time on Council, and the big issues it is now facing

President's column

Even as we come to terms with changes taking place now, some are predicting more radical developments ahead – keep up with what is happening at the Law in Scotland conference

Land Register completion update

Registers of Scotland page: work progresses apace to secure the registration of all public land in Scotland – and has recently resulted in the registration of the UNESCO World Heritage Site of St Kilda

People on the move

Collected news of new appointments and practice changes

Conference calls

“Leading Legal Excellence” is the theme for this year's annual conference of the Society. As a taster, the Journal spoke to three keynote speakers, each with a mission to promote excellence

A new court rises

As the all-Scotland Sheriff Personal Injury Court prepares to open its doors, the author discusses how personal injury practice is likely to change with the court's modernised features and procedures

Questions of form

As questions continue to arise regarding completion of the application form under the new land registration regime, specialist advisers provide further guidance on some common points of difficulty

Charities - why reserves matter

In association with Tilney Bestinvest: the complex world of charity governance

Place your bets

Significant powers over gambling machines, going well beyond the limited proposal of the Smith Commission in this field, could end up being devolved to Holyrood through the Scotland Bill

Pensions: a formula unravelled

The Inner House has ruled on a dispute over statutory interpretation that has led to widely differing valuations of pension interests on divorce

Whereabouts unknown?

Latest civil cases, including ascertaining whereabouts; commercial actions; res judicata; undertakings; competency; amendment; expenses; provisional damages

Lego Man keeps his mark

Intellectual property briefing: the CJEU decision rejecting the challenge to the Lego Man 3D trade mark is a sensible application of the CTM Regulation

The company one keeps

Corporate briefing: can a limited company bring an Equality Act claim for discrimination? A recent employment tribunal ruling suggests it can

Scottish Solicitors Discipline Tribunal

Reports of cases relating to Michael Sandison Allan; Stephen Gerard Fagan; John Clarke Muir

Land, leases and LBTT

Property briefing: After six months of the land and buildings transaction tax, its operation in relation to leases still contains significant uncertainties. This article explains how the tax is intended to work

Big budget brief

Working for an organisation with a £2.5 billion budget provides huge challenges and big variety for the legal team at Glasgow City Council, as this month’s in-house profile shows

Support sought as Napier joins the law clinics

Students set up free legal advice service

Public Guardian's fees to increase

OPG also putting new structure in place

Law reform roundup

Recent work of the Law Reform department, including land reform; succession; community justice; smoking and tobacco control

TCPD: the Update way

As the season peaks for new trainee starts, this article outlines the trainee CPD requirements and the approach the Society’s Update programme takes to meeting these

How are we doing?

Establishing effective risk management procedures and disciplines is key to minimising the risk of exposure to property/conveyancing claims. How might firms self-assess their own risk management?

Thanks, but no thanks

The Word of Gold: there has never been a business with a successful strategy that hasn’t known when to say no

Ask Ash

Advice column: I'm struggling to focus on my job after missing out on another