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The Journal
Every article from your latest print edition of The Journal
October 2003
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Why politicians have got it wrong
If they are serious about legal reform, politicians need to stop pandering to the tabloid press over criminal justice
The big idea
One of the authors of the Draft Criminal Code for Scotland explains the thinking behind it and the issues they had to address
A comment on the Draft Criminal Code
A comment on the draft from a human rights perspective
Stories from the other side of the desk
Profiles of solicitors who have switched to a business career
Employment practice liability
How employment practice liability insurance can protect a business against the increasing threat of litigation by employees who believe their rights have been violated
Jurisdiction in insolvency proceedings
The effect of the EC Insolvency Regulation on bringing insolvency proceedings in Scotland
Heard but not seen
Report on the new Executive guidelines for the protection of child witnesses and the Vulnerable Witnesses (Scotland) Bill
Inter-spouse guarantees: an update
Guidance on the measures necessary to protect a lender where a borrower’s close relative acts as cautioner of business debts
High value – high exposure?
Why the number of professional indemnity intimations arising from commercial property work is on the increase, and the risk controls necessary
Internet arbitration clauses: shock and awe?
A discussion of the PayPal internet arbitration case and some rules as to when arbitration clauses will be considered reasonable
Conflict of interest in commercial security transa
Restatement of guidance on a borrower’s solicitors accepting instructions from the lender
Practice points
Late offers and cohabitation agreements are two problem areas recently considered by the Professional Practice Committee
Indecency no longer “shameless”
Latest criminal cases, including indecency; delay; corroboration
Scottish Solicitors’ Discipline Tribunal
Reports relating to Robert Alisdair Mactaggart; Thomas Patrick Mellon; Donald MacAulay Johnson
Reforms to corporate insolvency law will give indi
Various legislative reforms have come into force which make a large package for insolvency practitioners to get to grips with
Rights on forestry access and limited partnerships
Whether woodlands have been exempted from the statutory right of access; and new provisions concerning limited partnerships in agricultural tenancies
Website reviews
Reviews of websites offering legal advice to children and young people
Book reviews
Reviews of Commercial Leases; Internet Marketing: Strategies for Law Firms
Substitute certificates of title
Many requests for substitute certificates of title are unnecessary, and steps can be taken to reduce the incidence of requests
Housing Improvement Task Force
An outline of the report of the Task Force so far as affecting the process of buying and selling homes
Contaminated land: what to ask
The steps solicitors can take to satisfy themselves that land is free from contamination
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