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The Journal
Every article from your latest print edition of The Journal
December 2006
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The end of the beginning
President's message: As work on the Legal Profession Bill enters a new phase, sellers' surveys and developments in England & Wales have also been engaging the Society
Public appointment: public interest
Opinion that it is time to split the Lord Advocate's roles of government adviser and head of the prosecution service, and reform the method of appointment
Fixed payments: a real impact?
Research into the legal aid fixed payment scheme for summary criminal cases reveals some unexpected effects on firms' incomes and the overall legal aid bill
Training: the bigger picture
A survey of the requirements for qualification as a solicitor in some other jurisdictions, as the Society consults on the future for Scotland
Contact breakers
Roger Mackenzie surveys family lawyers' views on how to enforce contact orders; John Fotheringham highlights a provision that may help to win some financial support
Abuse in the system
The experience of the Glasgow pilot domestic abuse court in its first two years, and its prospects for reducing the risk of offending behaviour
Stirring up interest
A Scotish Law Commissioner explains the recently published proposals to reform the law on rights to interest
Ombudsman and Society agree to disagree
Ombudsman seeks positive lessons from publicised cases
Register of locums
Society seeks to revive and update register
Practice rules confirmed
Three sets of rules have been approved by the Lord President and are coming into effect
PI Protocol: two more insurers
Two more insurers willing to engage with the voluntary Personal Injury Protocol
Professional practice: new guideline
Guideline on charging for lending or delivering files etc; also recent committee decisions
Twin-tracking law reform
The most significant features of the Queen's Speech as affecting Scots law, and the Society's position on the bills in question
Hung out to dry
Money laundering problems frequently raised with the Society, and software systems available to help with money laundering checks
Fraud: the client's perspective
In his second article on fraud and fraud prevention, the author offers some dos and don'ts as the first steps when suspicions of fraud begin to emerge
The proof is in the podding
An introduction to podcasting and what it could do for the legal profession
How did you do?
A review of how practices might have improved their risk management in 2006
Old friends revisited
Latest criminal cases, including Crown appeals; deforcement of messengers; jury seclusion; insanity; corroboration; alternative charges; fairness
A reprieve for landlords?
Beleaguered landlords have some cause to cheer at least in relation to grazing leases, following recent court decisions
Smell of success
The decision in L'Oreal SA v Bellure NV strengthens the hand of brand owners against attempts to market copycat products
There's no case like Rome
The government's decision to opt out of Rome III has spared family lawyers a few headaches
Hurt in the pocket
Those who negligently cause sporting injuries could find themselves paying out to more than just their opponent
Flotation and the trustee
Some guidance for advisers of trustee shareholders on the status of shares allocated in the Standard Life demutualisation this year
Scottish Solicitors' Discipline Tribunal
Reports relating to Alexander Muir; Deryck de Maine Beaumont; Norman James Cowie
Website reviews
Reviews of the Scottish Solicitors' Discipline Tribunal website and others relevant to solicitors facing investigatory action
Book reviews
Reviews of Family Law Reform (Thomson); The Family Law (Scotland) Act 2006 (Norrie); Family Law Essentials (Norrie)
Risk and the in-house lawyer
The complexity of regulation in the modern world means that in-house lawyers are increasingly assuming a broader role as risk managers
The CML Handbook revised
Revisions to part 1 of the CML Handbook make important changes to bring the instructions up to date and prepare for automated registration of title
Ten things you should know about SDLT
Make sure you know how to get the most from the services now developed following discussions between the Society and HMRC
All change at the Registers
Key changes to land and charge certificates, registration fees and application forms to take effect from 22 January 2007
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