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The Journal
Every article from your latest print edition of The Journal
March 2008
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Promoting our ideals
President's message: the ideals of serving justice which brought most of us into the law, increasingly reflect the approach expected of successful organisations today
Out of the wrong pocket
The policy behind proposed fee increases for the courts and the Office of the Public Guardian is to reduce the subsidy from public funds, which is likely to backfire
Market movers
How the major solicitors' property centres are already preparing to launch new services for the coming of home reports, and how solicitors must also prepare
In and out of court
The last of four articles on the summary justice reforms outlines the provisions for diversion from court, and the powers of the new fines enforcement officers
Towards an efficient system
Cabinet Secretary for Justice emphasises the aims of the summary justice reforms, and the government's commitment to dialogue in making them work
Keeper's rejection of registration applications
The continuing problem of the number of registration applications that are defective; and a Keeper's Direction on the expansion of ARTL
Financial health check
The concluding article on the 2007 Cost of Time Survey looks at the profit trends of recent years and offers some key points to improving financial management
Before the axe falls
A warning of the changes affecting inheritance tax on tusts, and capital gains tax, as from 6 April, which may be avoidable if action is taken before then
Summary trials: deciding the facts
First of three articles directed to effective advocacy by reviewing court methods of assessing testimony. This month: evaluating credibility
Council forms a blueprint
Report on the Council's day conference "Investing in the Future", on the options for reforming the Society's structure and governance
Commission does its sums
Report on discussions with the Scottish Legal Complaints Commission on the amount of the initial levy to be raised from solicitors
SLAB backs career research
The Society, Scottish Government and Scottish Legal Aid Board have a project to explore the recruitment and retention patterns of lawyers to assess future supply
The cost of guardianship
The OPG responds to the concerns raised over the fee changes since last year, and previews some further changes in law and practice
CSR takes centre stage
As the Society-sponsored CSR Firm of the Year is announced at the Scottish Legal Awards, the Society launches a web resource to help increase solicitors' involvement
Beyond the principles
Controversies over public sector data gathering obscure the often necessary role of data sharing. In reviewing practice we must look beyond the Data Protection Act
Question of technique
The skills and practices required to conduct an effective investigative interview with an employee under suspicion of fraud
Time's up
Experience of litigation-related claims against the Master Policy does not relate only to missed critical dates
Persons liable
Latest civil cases, including unincorporated associations; delarator; joint and several liability; decree; sist; pre-action recovery; curators ad litem; caution; expenses
Fair competition or own goal?
IP rights owners are anxiously watching the progress of litigation over the screening of football matches in pubs
Always the Land Court?
Despite what appears to be a prevailing belief, the Land Court is not the only available forum for resolving agricultural tenancy disputes
Rewriting the DDA?
The Coleman case will provide a landmark advance in disability discrimination rights, if the Advocate General's opinion is followed by the European Court
Away win for Webster
The Andy Webster appeal shows the Court of Arbitration for Sport attempting to bring a consistent approach to the FIFA Regulations
Points of entry
Outline of the radical new points-based system for intending immigrants to the UK
Website reviews
First of two reviews of websites of the relaunched Faculty of Advocates stables
Book reviews
Review of Delict (ed Thomson)
Banding together
Local government employers are studying the detail of the proposed new pension scheme for their staff
Name, rank and number
New rules require charities to make their status clear in a specified range of documents
Family law for conveyancers
The potential difficulties that can arise in a family law context where one of a couple provides personal funds towards the purchase of a property in joint names
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