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09 November 2012 / Colin Munro
Issue: 7537 / Categories: Opinion , Public , Constitutional law
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A Scottish divorce?

Colin Munro examines how we arrived at the referendum stage in Scotland and where we go after the vote

In the next two years, voters residing in Scotland will have the responsibility of deciding whether a union that has lasted over 300 years should continue. The alternative will be a (reasonably) amicable but necessarily complex divorce. The holding of a referendum on Scottish independence and some of its terms was the subject of an agreement between the British government and the Scottish administration, signed by the prime minister and Alex Salmond, the Scottish First Minister, in Edinburgh on 15 October.

How has it come to this? The late Donald Dewar and other architects of the Scotland Act 1998 probably expected that parties supporting the union would always be in the majority in the Scottish Parliament, as did indeed come to pass from 1999 to 2011. However, voters may choose for all sorts of reasons, and constitutional questions may not be at the forefront. At the general election in 2011, the Scottish National Party (with

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London Solicitors Litigation Association—John McElroy

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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