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The Journal
Every article from your latest print edition of The Journal
August 2009
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Ask not...
President's message: much of this month's theme is Government – and what solicitors can do for it, as well as what it can do for solicitors
Trainee recruitment must be more open
A mature would-be entrant to the profession believes that current methods of recruiting trainees are often neither open nor fair
Honest talking
A willingness on both sides to engage in open and informed debate is the key to successful relations between the profession and the media
Out, but not down
Some experiences of solicitors and trainees who suffered redundancy or cutbacks due to the recession, and how they have pulled through, or moved on
A budget to save the world?
First of a two-part survey of this year's Finance Act focuses principally on the income tax changes in the pipeline, especially for higher earners
Uncertain rights
Registers of Scotland's policy on creation, identification, and transfer of rights in common areas in developments, following the PMP Plus decision
Copycats: nine lives used up?
Implications of the European Court decision in the L'Oreal case, which strengthens the hand of trade mark owners against manufacturers of similarly branded products
A break from illness?
The recent House of Lords decision on holiday pay during sick leave, and what it means for employers and employees concerned with situations of long term sick leave
On the record
Interview with new Keeper of the Registers Sheenagh Adams, who believes that her organisation holds a wealth of information that can be opened to the public and to solicitors in the IT age
From the Brussels Office
Updates on interpretation and translation for suspects; and transfer of criminal proceedings
Member support: the next level
The Society's Director of Representation and Professional Support, a new position, explains how his role will help enhance member services
Legal practice reinvented
More solicitors' firms have opened than closed in Scotland since the onset of the recession, showing that some are adopting the forward thinking attitude that all firms will soon need
Beat the pandemic
How the Society is planning to counter an outbreak of H1N1 (swine flu), together with some practical points to help solicitors prepare for or deal with a flu outbreak
Ask Ash
Advice for a solicitor with an ambitious young new colleague who is ruffling feathers in his eagerness to keep in with the partners
A vintage problem?
The risks facing solicitors in advising elderly clients, and some risk management advice
Final is still final
Latest criminal cases, including singing sectarian songs; finality of proceedings; reasons for sifting decisions; proceedings against a company director
Blacklisting blacklists
Regulations banning employment blacklists are set to be introduced following the discovery of an instance of the practice
A better fitting kilt
The Inner House has affirmed the decision in the first Scottish application for leave to bring a derivative action, while differing in some respects on the correct approach
Proper restraint
The Inner House has affirmed that the court has power to restrain third parties in relation to transactions with property on which a financial claim is made on divorce
Scottish Solicitors' Discipline Tribunal
Reports relating to Malcolm Keith Macaulay Cameron (s 42A appeal); Daniel Cohen; William Pirie Rennie
Website review
Reviews of sites offering legal resources on armed conflict
Book reviews
Reviews of Childhood and Crime (McDiarmid); Enforcing Intellectual Property Rights (Lambert)
Knowledge rules OK?
A new approach to organising legal work, as the answer to the perennial demand for in-house legal teams to cut costs
Lifting the stones
What the first reports on contaminated land by SEPA and its English counterpart mean for purchasers of land in Scotland
Legitimate finding or mortgage fraud?
Why solicitors should avoid the "rebate schemes" being offered by some loan companies to get round mortgage lending restrictions
Islamic finance: a Scottish lead?
Islamic financing under Scots law has taken another leap forward with an agreed mechanism for residential or commercial funding – one that may be of wider interest
Environmental Law Centre: taking issues
Introducing the new law centre that aims to help community groups, individuals and the voluntary sector to protect the environment
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