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Publication: Journal of the Law Society of Scotland

First reported 4 hours ago - Updated 2 hours ago - 1 reports

Supreme Court explains closed material procedure decision

Although it was possible in exceptional cases for the UK Supreme Court to adopt closed material procedure in hearing an appeal, there was nothing in the closed judgment in the case before it that could have affected the court's reasoning in the case before ... [Published Journal of the Law Society of Scotland - 4 hours ago]

Entities: Supreme Court, Bank Mellat, Court of Appeal, Mr Justice Mitting, Lord Neuberger

First reported 12 hours ago - Updated 12 hours ago - 1 reports

Supreme Court gives go-ahead to damages claims for Iraq services deaths

Three sets of claims against the Ministry of Defence, arising out of deaths and injuries sustained by British services personnel while on combat duty in Iraq, have been allowed to proceed by the UK Supreme Court.By a 4-3 majority, the justices ruled that ... [Published Journal of the Law Society of Scotland - 12 hours ago]

Entities: Supreme Court, Iraq, Immunity, Human Rights, Friendly Fire

First reported 12 hours ago - Updated 12 hours ago - 1 reports

DLA Piper

DWF takes on DLA Piper team

Legal firm DWF Biggart Baillie has announced the appointment of three corporate lawyers formerly with DLA Piper.Joining DWF's Glasgo office are partner Paul Pignatelli, associate Tom Maxwell and solicitor Gemma Gallagher.DLA Piper closed its Glasgow office ... [Published Journal of the Law Society of Scotland - 12 hours ago]

Entities: DLA Piper, Glasgow, Tom Maxwell

First reported 15 hours ago - Updated 12 hours ago - 1 reports

Ministers launch plans to streamline business appeals process

New proposals to streamline the processes for businesses appealing a decision by an economic regulator or competition authority are contained in a new UK Government consultation announced today by Business Minister Jo Swinson.The planned measures follow ... [Published Journal of the Law Society of Scotland - 15 hours ago]

Entities: Jo Swinson, Information Sharing, UK Government, 4G

First reported 15 hours ago - Updated 15 hours ago - 1 reports

Neuberger warns of effect of legal aid cuts

A warning on the effect of legal aid cuts in driving away the best lawyers, and in leading to knock-on effects on court costs, has been given by the President of the UK Supreme Court.In a paper delivered to the Institute for Government, entitled "Judges ... [Published Journal of the Law Society of Scotland - 15 hours ago]

Entities: Legal Aid, Lord Neuberger, Supreme Court, judges

First reported Jun 18 2013 - Updated 18 hours ago - 1 reports

Crime figures show further overall drop

Recorded crimes in Scotland showed a further fall in 2012-13, according to new figures published today.Although the number of sexual offences was up 5%, from 7,361 the year before to 7,693, each of the other main categories showed a fall, contributing ... [Published Journal of the Law Society of Scotland - Jun 18 2013]

Entities: Crime, Sexual Offence, Vandalism, Scotland, Assault

First reported Jun 18 2013 - Updated Jun 18 2013 - 1 reports

Society opens consultation on "sep rep" rule change

Proposals to change solicitors' practice rules on conflict of interest in property transactions have been put out to public consultation by the Law Society of Scotland.The solicitors' governing body is seeking the views of lawyers, lenders and consumer ... [Published Journal of the Law Society of Scotland - Jun 18 2013]

Entities: Mortgages, Law Society, Property Law, Fraud, Property

First reported Jun 18 2013 - Updated Jun 18 2013 - 1 reports

Sheriff rules trustee's family home application out of time

An attempt by a trustee in sequestration to extend the time before which title to the family home reverted to the debtor was incompetent where the initial three-year period had already expired, a sheriff has ruled.Sheriff Philip Mann at Banff made the ... [Published Journal of the Law Society of Scotland - Jun 18 2013]

Entities: Debtor, Property, Sequestration, Incompetence

First reported Jun 17 2013 - Updated Jun 17 2013 - 1 reports

Passing off update

Two recent English decisions clarify important aspects of passing off: the honest concurrent use defence, and extended passing offSignificant changes to UK IP law are on the horizon. The Enterprise and Regulatory Reform Act 2013 provides for enabling ... [Published Journal of the Law Society of Scotland - Jun 17 2013]

Entities: United Kingdom, Brooks Brothers, Fage, Chobani Inc

First reported Jun 17 2013 - Updated Jun 17 2013 - 1 reports

DPAs: cross-border confusion?

Deferred prosecution agreements for corporate crime are coming soon in England & Wales, but without similar moves in Scotland there could be problems for cross-border businessesCorporate wrongdoing and scandals emanating from the recession have resulted ... [Published Journal of the Law Society of Scotland - Jun 17 2013]

Entities: Wales, England, Scotland, Crime

First reported Jun 17 2013 - Updated Jun 17 2013 - 1 reports

Beware of solvent liquidations

A Court of Appeal decision illustrates how contingent liabilities may be avoided by a company going into members' voluntary liquidationThe poor state of the economy in recent years has heralded a busy time for insolvency practitioners. Now a decision ... [Published Journal of the Law Society of Scotland - Jun 17 2013]

Entities: Ricoh Co Ltd, Indemnity, Liquidation

First reported Jun 17 2013 - Updated Jun 17 2013 - 1 reports

Holyrood out of bounds

Why the Supreme Court in Salvesen v Riddell struck down a provision of the Agricultural Holdings Acts as incompatible with the European Convention on Human RightsOn 24 April 2013, the Supreme Court handed down its judgment in the long running case of ... [Published Journal of the Law Society of Scotland - Jun 17 2013]

Entities: Dissolution, Court of Session (Scotland), Human Rights, Supreme Court, General Partner

Quotes

On the negligence claims, the judges said that the doctrine of combat immunity "should be construed narrowly and should not be extended beyond its established scope to the planning of and preparation for active operations against the enemy" . The tank-related claims were not within the scope of the doctrine because they related to decisions which were sufficiently far removed from the pressures...

Supreme Court gives go-ahead to damages claims for Iraq services deaths [Published Journal of the Law Society of Scotland - 12 hours ago]

Warning of an emerging divide within the profession, he continued: "While it is a bit of an over-simplification, there are currently two legal professions. I am not referring to barristers and solicitors, but to lawyers who serve rich individuals and companies, and lawyers who serve ordinary citizens. Both are vital to this country, but in very different ways. In a capitalist world, a country needs first class lawyers to advise and act for businesses. Our commercial lawyers do this and more, in that they have made London probably the commercial legal, and dispute resolution, centre of the world, greatly supporting the UK economy. The other lawyers are vital to the rulerule of law: without competent legal advice and representation, legal rights would be worthless. The former group of lawyers are doing fine; the latter are under intense pressure from legal aid cuts and, at least in some areas, from an overmanned profession."

Neuberger warns of effect of legal aid cuts [Published Journal of the Law Society of Scotland - 15 hours ago]

David Ryan, the firm's managing partner, added: "We are pleased to report a 5% increase in turnover at a time when the UK market in particular remains challenging. The firm has changed dramatically over the past 12 months and we have made significant investment into the business. We continue to see strong demand in global sectors such as energy, infrastructure and advanced manufacturing and technology, particularly in litigation, tax, competition and regulatory. The firm has moved forwards in financial services, with strong growth in insurance and restructuring."

Pinsent Masons reports 5% post-merger revenue growth [Published Journal of the Law Society of Scotland - Jun 17 2013]

Where a complaint is brought by a third party, the rule now states that it "will not be accepted if, in the opinion of the Commission, the complaint is made more than one year after the alleged occurrence of the specific act or omission complained of" . This is because a third party will not necessarily know when the service to the client ended

Complaints Commission revises time bar rules [Published Journal of the Law Society of Scotland - Jun 17 2013]

More Content

sort by: Date \| Relevance
Supreme Court explains closed material procedur... [Published Journal of the Law Society of Scotland - 4 hours ago]
DWF takes on DLA Piper team [Published Journal of the Law Society of Scotland - 12 hours ago]
Supreme Court gives go-ahead to damages claims ... [Published Journal of the Law Society of Scotland - 12 hours ago]
Neuberger warns of effect of legal aid cuts [Published Journal of the Law Society of Scotland - 15 hours ago]
Ministers launch plans to streamline business a... [Published Journal of the Law Society of Scotland - 15 hours ago]
Crime figures show further overall drop [Published Journal of the Law Society of Scotland - Jun 18 2013]
Sheriff rules trustee's family home application... [Published Journal of the Law Society of Scotland - Jun 18 2013]
Society opens consultation on "sep rep" rule ch... [Published Journal of the Law Society of Scotland - Jun 18 2013]
The road to land reform, but where is it going? [Published Journal of the Law Society of Scotland - Jun 17 2013]
Information security: raising the bar [Published Journal of the Law Society of Scotland - Jun 17 2013]
Waste: help sort it out [Published Journal of the Law Society of Scotland - Jun 17 2013]
Where there's a will [Published Journal of the Law Society of Scotland - Jun 17 2013]
"Reply to all" [Published Journal of the Law Society of Scotland - Jun 17 2013]
Incidental financial business: amendments ahead [Published Journal of the Law Society of Scotland - Jun 17 2013]
Opinion column: Martin Crewe [Published Journal of the Law Society of Scotland - Jun 17 2013]
What right of way? [Published Journal of the Law Society of Scotland - Jun 17 2013]
Scotland on the world stage [Published Journal of the Law Society of Scotland - Jun 17 2013]
Times are tough [Published Journal of the Law Society of Scotland - Jun 17 2013]
Gatekeeping the experts [Published Journal of the Law Society of Scotland - Jun 17 2013]
Fairway failings [Published Journal of the Law Society of Scotland - Jun 17 2013]
Beware of solvent liquidations [Published Journal of the Law Society of Scotland - Jun 17 2013]
Passing off update [Published Journal of the Law Society of Scotland - Jun 17 2013]
Holyrood out of bounds [Published Journal of the Law Society of Scotland - Jun 17 2013]
DPAs: cross-border confusion? [Published Journal of the Law Society of Scotland - Jun 17 2013]
Society protests Turkish lawyer detentions [Published Journal of the Law Society of Scotland - Jun 17 2013]
Up there with the best [Published Journal of the Law Society of Scotland - Jun 17 2013]
Pinsent Masons reports 5% post-merger revenue g... [Published Journal of the Law Society of Scotland - Jun 17 2013]
The Significant Seven [Published Journal of the Law Society of Scotland - Jun 17 2013]
Out on 65? [Published Journal of the Law Society of Scotland - Jun 17 2013]
Gas in the tank [Published Journal of the Law Society of Scotland - Jun 17 2013]