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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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