Blogs & opinions

Letter: bons mots
Brexit: what now, indeed?

Test of legality
The Supreme Court's "named person" decision points up the need for thorough scrutiny of Scottish Parliament legislation

Developer contributions need circular compliance
Failure to adhere unlawful without justification

Performance bond or guarantee?
Court upholds bond claim arising from Scottish Coal Company works

Indemnity covered land transfer outwith option exercise
Developer to compensate for transfer under s 75 agreement

Where policy meets statute: court backs minister
Affordable housing case also covers consultation and equality duty

Property dealings struck down as gratuitous alienations
Supreme Court rules scheme aimed at avoiding creditors

Letter: should sheriffs be available by phone?
Reply to letter from Al Gordon

Letter: less stress than the city
Why do solicitors ignore the alternative?

Majority view?
The right course democratically would be to hold a second referendum on EU withdrawal once the terms on which it would take place are known

Top tips for working from home
Chantel Gaber, head of member engagement for England & Wales at the Law Society of Scotland, explains her top tips for working out of the office

Succession (Scotland) Act begins to impact
Most provisions expected to commence this autumn

Additional LBTT – is a trust liable?
Check whether trusts or beneficiaries to be treated as buyers

Estates: is a tax return needed?
Requirement arises if any of three thresholds crossed

OPG cuts out the paper
Deeds registered electronically will only be issued electronically

Bonds of caution dispensation extended
2016 Act exempts certain civil partners and small estates

Smartcards from the Highlands to Hong Kong
As the rollout of smartcards to Scottish solicitors begins to wind down, Jana Berger from the Society’s smartcard team reflects on a process that has seen over 9,000 cards issued

Master Policy: why switch from Marsh?
Some concerns, and the Society's response

Letter: minimalism in the law
Is it still expected that a solicitor actually deals with legal problems?

Turn of the year
Reviews at the AGM and the change of President highlight significant issues of the moment

Commercial common sense – the latest
Ordinary and natural meaning applies, even if bad bargain

Implied terms in commercial contracts – the latest word
Term refused where not necessary to make lease work

Procurement decision rejects lack of transparency claim
Ferry tender process did not require demand benchmarking

Unfair prejudice petitions in the sheriff court
Novel questions raised in case involving former spouses