Journal Magazine

July 2010

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Drop everything

President's message: The fallout from the Cadder appeal has meant some unexpected business at the start of the new President's term of office

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Free to give

Yes-no contributions on whether solicitors should be obliged to carry out a certain amount of pro bono work

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For the common good

Report on a conference hosted by the Lord Advocate on what is happening in pro bono legal work in Scotland, and possible next steps forward

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"Not for the likes of me"?

As the Judicial Appointments Board begins a recruitment process for the office of sheriff, this feature explains how the process works and the Board's drive to encourage applications

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RoS fees up for review

Background to the current consultation by Registers of Scotland on revised information, registration and recording fees to eliminate its operating deficit

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Taking shape

The most significant matters discussed among the many amendments made by the Justice Committee to the Legal Services (Scotland) Bill at stage 2

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Criminalising children

Current, and proposed, legislation gives rise to anomalies regarding children and criminal records, but the Children's Hearings Bill could be used to provide a solution

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Split decision

Discussion of a recent decision to allow one of two children to reside with a parent in Australia, and whether it heralds a more flexible attitude to parenting

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A picture's worth a thousand words

The winning student essay in the competition organised by the Society and the Scottish Parliament, arguing for privacy as the aspect of Scots law most in need of legislation

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"Duty to trade" revisited

Argument against the view that the new licensing legislation obliges a licence holder to trade throughout the hours stated in the operating plan

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Law reform update

Recent work of the Society's Law Reform Department, including Legal Services Bill, Children's Hearings Bill, company charges, long leases, double jeopardy, self-directed support

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From the Brussels office

Recent EU developments on VAT and legal aid, financial institutions, criminal procedure rights, recognition and enforcement of judgments

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Join the cloud

New possibilities are now available for solicitors who would like to operate in a virtual environment but need help to do so

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Combating claims in interesting times

Lessons emerging from this year's Risk Management Roadshow

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Ask Ash

What to do if financial problems threaten your work performance, and potentially your career?

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Party confidential

Latest civil cases, including citation; delay concerning an incapax; disclosure of party's address; decree by default; amendment; additional proof; family actions; adults with incapacity

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What fresh hell is this?

Amendments to the licensing provisions of the Criminal Justice and Licensing Bill still seem to be subject to arbitrary political whims

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Links with the past

A new bill in the Scottish Parliament proposes important changes in relation to listed or potentially listed buildings and ancient monuments

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Stranger than fiction

A recent English case, Singla v Hedman, highlights the wrongful trading provisions – and the colourful world of the film industry

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Acts of kindness

A private bill now passed by the Scottish Parliament has shown up a need to review the law regarding charity reorganisations

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Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Rory Cradock; Russell Craig Livingstone Taylor

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Website review

Reviews of websites of trust management companies, covering a range of sophistication

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Book reviews

Review of Adult Protection and the Law in Scotland (Patrick and Smith)

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Service driver

The Scottish Public Services Ombudsman explains his office's role and how its investigations can result in improved public services

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Forecast: cloudy

Review of the property market in Scotland, with comments on the outlook as seen by professionals in the different sectors

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