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The Journal
Every article from your latest print edition of The Journal
April 2008
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Thinking ahead
President's message: decision time is on us for taking forward the plans for new forms of legal practice - but firms face other issues that also call for forward planning
A line too often crossed
Opinion that defence questioning of complainers in sexual assault cases designed to appeal to prejudices about women's behaviour should not be allowed
Big leap forward
The Society's Vice President sets out the background against which the proposals for new business structures have been drawn up, and why it is time to push for change
Independence: still viable?
Yes-no debate on the question "Can we preserve professional independence in a legal business not owned by solicitors?"
FAIs: a new lease of life
The review of fatal accident inquiries to be undertaken by Lord Cullen is an opportunity to address various concerns recently expressed in relation to the conduct of inquiries
ARTL: Turquoise is in the pink
Update from Registers of Scotland on the final testing of the automated transfer of title system, and a consultation on information fees and services
Summary trials: deciding the facts
Second of three articles examines factors affecting the reliability of witnesses' testimony
Life at the sharp end
Interview with Dorothy Lowe, President of the Society of Messengers at Arms and Sheriff Officers, on their aims now that their members are to keep their current status
Conscience and public service
Author argues that where public duties are involved, there should be no place for invoking rights of conscience at the expense of those in civil partnerships
Wills and ways
The arguments for and against a compulsory register of wills, an idea which continues to be discussed in official circles
Society unveils new services scheme
The Law Society of Scotland is launching a new initiative to put solicitors in touch with the providers of key services
From the Brussels office
Update on ECJ fast track rulings; cross border debt recovery; agreement on ADR
Solicitor advocates push for change
Solicitor advocates are seeking revocation of the Supreme Courts Practice Rules 2003, and parity of fee treatment with advocates in sheriff court proceedings
Achieving "senior" rates?
The Law Society of Scotland and the Society of Solicitor Advocates are consulting on proposals to recommend solicitor advocates for legal aid remuneration as "senior"
Will relief nets £23,000
The November 2007 Will Relief campaign raised £23,000 for the five participating charities working for the relief of suffering overseas
CPD: the way forward
Leader of the Continuing Competence, Professional Development project explains the themes behind the pending reforms to CPD
Life on the edge
Another contribution on the theme of the survival of small firms recounts how one practice in Kirkwall has a brighter future through investing in its people
Pre-action protocol for industrial disease claims
The terms of a new voluntary pre-action protocol, covering industrial disease claims intimated on or after 1 June 2008
Fit a doin'?
Introduction to the challenging world of the mobile phone forensic analyst, from one who provides digital media analysis to defence lawyers
Same difference
Review of recent commentaries on risk management in Australia, Canada and England finds strong similarities with the live and emerging risk issues in Scotland
Curiosity corner
Latest criminal cases, including breach of the peace; proof in mitigation; defective representation; devolution issues; fair trial; extension of time limits
System? What system?
Difficulties with the new regulations and forms are causing as much variation in licensing board practice as ever - and the fees are hurting the small operator
Reviewing appeals
The new planning appeals system currently in draft regulation form will increase the importance of applicants seeking early advice
Testing insolvency
Discussion of the Cheyne Finance decision in England on when a company is to be treated as unable to pay its debts, which may have served only to muddy the waters
Scottish Solicitors' Discipline Tribunal
Reports of cases relating to William Michael Lewis; Alistair George Kay; Alexander Ritchie Robertson; Richard Allan Sandeman; Malcolm Cameron
Website reviews
More websites from the relaunched Faculty of Advocates stables
Book reviews
Reviews of Employment Law: An Introduction (Craig and Walker); The Strange Affair of Madeleine Smith (MacGowan)
Day of creation
Why we should all support World Intellectual Property Day and promote respect for intellectual property
Lawyer behind the camera
A fly-on-the-wall account of legalling reality TV
Homing in on home reports
Author believes that home reports as currently proposed will not benefit purchasers or sellers, and reports on his reservations and his recent contacts with government
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