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News
The Journal Online brings you the latest news headlines
27 Sep 04
Conveyancing where separate solicitors for lenders
Society is investigating a practice of lenders' agents insisting on an executed and stamped disposition before they release loan funds
27 Sep 04
Investment compliance: interest only mortgages
A reminder to financial advisers dealing with endowment-related mortgages of the standards to be met when advising clients
27 Sep 04
Multiple claim: vaccine damage
Possible claim arising from the alleged harmful effects of the diphtheria, polio and tetanus vaccination
27 Sep 04
Policy on reporting of dishonest employees
The Society’s Council has reaffirmed its policy of all instances of dishonest non-solicitor employees to Crown Office where the firm has declined to do so
27 Sep 04
Remit of regulation inquiry into legal profession
The Scottish Parliament Justice 1 Committee announces the remit of its major inquiry into the regulation of the legal profession in Scotland
27 Sep 04
Rate of interest on landed securities
Rate for the six months from Whitsunday 2001
27 Sep 04
Guidance on Pension Sharing on Divorce
Guidance given to the Society under the Welfare Reform and Pensions Act 1999
22 Sep 04
Evidence of survivorship destination
What the Keeper will accept as sufficient evidence that a survivorship destination has not been evacuated
22 Sep 04
Changes to CPD guidelines
Relaxation to guidelines for those completing their annual requirement early, and those fulfilling their requirement within one month after the formal deadline
22 Sep 04
Council rejects MDPs
The Society's Council has approved a paper supported at the AGM, concluding that multi-disciplinary practices are contrary to several core professional values
22 Sep 04
Diets under section 76 of Criminal Procedure Act
Advice from the Deputy Crown Agent for accused persons wishing to plead under accelerated procedure and have their cases called at a local sitting of the High Court
22 Sep 04
Rate of interest on landed securities
Rate for the six months from Whitsunday 2000
22 Sep 04
Removing qualified matrimonial homes notes
Keeper’s policy on removing such notes from title sheets
22 Sep 04
Conveyancing Committee
Committee’s view of the proper practice on delivering the disposition and titles at time of settlement
22 Sep 04
Terrorist suspects
A list of suspected terrorists issued by the Bank of England
22 Sep 04
Note from company law committee
A note on what information it is appropriate for solicitors to disclose as legal advisers to companies, and revised contractual terms introduced by Companies House
22 Sep 04
Welcome change to emergency legal aid
Changes to assist parties making legal aid payments, announced by the Deputy Minister for Justice
22 Sep 04
Public lacks confidence in civil justice
Findings of the report “Paths to Justice Scotland”
22 Sep 04
Code of Conduct for Criminal Work
A note of revisions to the code and of new templates to help prepare criminal cases
22 Sep 04
Investment business – assets frozen in the US
List of organisations identified by the US as having terrorist links – relevant to the money laundering and anti-terrorism legislation
22 Sep 04
Improving client relations
Recent Society initiatives to assist solicitors with client relations procedures, and a possible model of an internal complaints system
22 Sep 04
Accounts rules changes
A note of amendments to the Accounts Rules in force from 1 September 2004
22 Sep 04
Master policy: Society responds
The Society has submitted its response to the Office of Fair Trading, investigating the compatibility of the Master Policy with the Competition Act
22 Sep 04
Passing game
All solicitors who wish to become registered with the Scottish Football Association as players' agents must pass the players' agent exam
22 Sep 04
Land Register update – certified plans
New guidelines applying to the submission of certified plans
22 Sep 04
Online mining reports service
Coal Authority has developed an internet service for the ordering and delivery of coal mining reports
22 Sep 04
Disqualified directors - DTI crackdown
Department of Trade and Industry has set up a hotline as part of a crackdown on persons flouting director disqualification orders
22 Sep 04
Free movement in the EU
Note of European Court decision concerning free movement of trainee lawyers within the EU
22 Sep 04
Professional practice: offers for property
Professional Practice Committee advice on "gazumping" offers and offers submitted by non-solicitor businesses
21 Sep 04
Practice makes perfect
Society offers Practice Advisory Service, free practical advice on how to run a legal practice more effectively, aimed at smaller firms and sole practitioners
21 Sep 04
Law Commissions report on partnerships
The Law Commissions have published a joint report recommending reforms to partnership law
21 Sep 04
Lawseal concludes
Society decides to terminate its public key infrastructure project Lawseal
21 Sep 04
Bill Adams: an appreciation
Obituary of Bill Adams, former accountant with the Society
21 Sep 04
Value of the Unit
Recommended value of the Unit for 2004 and where to find changes to the Table of Fees
21 Sep 04
Style terms of business letter: conveyancing
Introducing an approved style terms of business letter solicitors can use to comply with new practice rules requiring such letters for residential conveyancing
21 Sep 04
No more research exemption for commercial use
Copyright law has changed, including the narrowing of the current exemtion for research to exclude research for commercial purposes
21 Sep 04
Jury still out on PDSO scheme
Two more Public Defence Solicitors Offices are to open but opinions vary as to whether the offices established to date have been a success
21 Sep 04
Builders requesting letter of comfort
Professional Practice Committee comment on form of letter of comfort sought by housebuilders from solicitors for purchaser
21 Sep 04
Value of the Unit
The recommended value of the Unit for 2001
21 Sep 04
Conservation burdens
The procedure for applying for conservation body status under the Title Conditions (Scotland) Act 2003 has been announced
21 Sep 04
New bulletin board posted on Society’s website
A new bulletin board on the Society’s website is the quick and easy way to get all communications from the Society; these can also be emailed on request
21 Sep 04
SDLT concession
A solution to the question how to achieve same-day registration of title under the stamp duty land tax regime has been agreed with the Inland Revenue
21 Sep 04
Society and Small Business Gateway come together
The Society aims to provide Scottish Enterprise with a database of firms interested in helping small businesses and start-ups
21 Sep 04
Special General Meeting
Report of the special general meeting of the Society held on 29 August 2003
21 Sep 04
Scottish Solicitors’ Guarantee Fund
A recommendation to take measures to prevent fraudulent instructions to transfer money from a solicitor’s client account
21 Sep 04
Society offers free websites to solicitors
The Society has launched a free service to solicitors who would like to have a website but have not yet managed to set one up
21 Sep 04
Postgraduate scholarship
Stair Society has established a scholarship to promote postgraduate research in the history of Scots law
21 Sep 04
Practice points
Late offers and cohabitation agreements are two problem areas recently considered by the Professional Practice Committee
21 Sep 04
Rate of interest on landed securities
Rate from Martinmas 2000
20 Sep 04
Value of SOLAS qualification
Description of course and qualification offered by the Society of Law Accountants in Scotland
20 Sep 04
CPD from afar
Competence Committee has finalised guidance in relation to distance learning
20 Sep 04
Time limits for making complaints
Guidance as to time limits set by the Society in entertaining complaints of professional misconduct or inadequate professional service
20 Sep 04
Responses by solicitors to MPs' and MSPs' queries
Recommendation that if solicitors receive requests for information from MPs or MSPs, they seek authority from the client concerned before responding
20 Sep 04
National launch of Scottish Schools Law Project
Official launch of a project to help school age children understand that laws bring responsibilities as well as rights
20 Sep 04
Conflict of interest rules: builders/developers
Professional Practice Committee agree relaxation to the conflict of interest rules where solicitors provide only an estate agency service to a builder or developer
20 Sep 04
Powers of attorney and executries
Circumstances in which a solicitor acting as administrator of a client’s funds or in a representative capacity should have their fees assessed independently by an auditor
20 Sep 04
Authorised professional firms post n2
A reminder of the authorisation requirements under Part IV of the Financial Services and Markets Act 2000
20 Sep 04
Scottish Legal Voice
Launch of an internet-based networking and discussion forum for the legal profession
19 Sep 04
Surveyor Ombudsman launch
The Royal Institution of Chartered Surveyors in Scotland has launched a Surveyor Ombudsman Scheme to consider complaints arising from all chartered surveying services offered across Scotland
19 Sep 04
Chapter 10: watch this space
Enhanced Chapter 10 fees are coming, but their general acceptance by insurers depends on finalisation of a pre-action protocol
19 Sep 04
EU rulings on litigation rights
Recent EU developments on in-house lawyers' rights; anti-suit orders; fees in cross-border cases
19 Sep 04
Interest on landed securities
Rate applicable from Martinmas 2003
19 Sep 04
Prison visiting times accessible
Scottish Prison Service website now contains details of visiting times applicable in prisons throughout Scotland
17 Sep 04
Variant CJD Trust – no fault compensation
Description of the trust set up to administer the government compensation scheme and the method of making a claim
17 Sep 04
New system recommended for asbestos cases
Justice 2 Committee recommends fast track system of justice for asbestos sufferers and other terminally ill people bringing personal injury claims
17 Sep 04
Investment business – destruction of files
The Professional Practice Committee believes that files in relation to endowment investment business should be retained until the policy has matured
17 Sep 04
Purchase of accident claims
The Professional Practice Committee is of the view that it would breach the Fee Sharing Rules for solicitors to purchase accident claims from claims companies
17 Sep 04
The Code of Conduct
The Code of Conduct is to apply to all solicitors whether or not they hold a practicing certificate
17 Sep 04
Notarial fees in England and Wales
Solicitors should consider whether documents sent for signature in England need to be notarised as it will cost much less to have it signed before a solicitor
17 Sep 04
Court fee exemptions
Advice in response to difficulties still being faced in some cases with clients who should be exempt being charged court fees
17 Sep 04
Education law helpline
Govan Law Centre has opened a national Education Law Unit to assist those who advise children with special educational needs and their parents
16 Sep 04
FAI practice note
A Sheriffdom of Lothian and Borders practice note makes provision for the holding of a preliminary hearing before a fatal accident inquiry
16 Sep 04
FSA guidance on promotions
Financial Services Authority has provided guidance on disclosure required of FSA-authorised solicitors undertaking non-real-time financial promotions
16 Sep 04
POCA seizure threshold down
The cash seizure minimum threshold amount under the Proceeds of Crime Act 2002 has been lowered to £5,000
16 Sep 04
Election needed in advance
Implications for the transfer of a going concern of the VAT (Special Provisions) (Amendment) Order 2004
16 Sep 04
Legal aid: audit and QA issues
Scottish Legal Aid Board inspectors have been interpreting regulations in a different way from the Society as respects time recording
16 Sep 04
New Edinburgh PEC service
New property enquiry certificate service from Edinburgh Council, including an online service
16 Sep 04
Continuing professional development
Planning to meet your continuing professional development obligations
16 Sep 04
Who owns coolers?
Solicitors handling a business sale where a Coca-Cola branded cooler appears in the list of fixtures and fittings should check who owns the cooler
16 Sep 04
Unsatisfactory conduct – record keeping practice
In response to an Ombudsman recommendation, the Society may from January 2003 take account of previous complaints against a solicitor when considering future complaints
16 Sep 04
PKI questions answered
Key questions and answers about Public Key Infrastructure (PKI)
16 Sep 04
Death certificate protocol
Protocol expected to be agreed with banks, building societies and insurers for intimating death when acting for deceased’s representatives
16 Sep 04
Modernising stamp duty
Outline of pending major changes to the stamp duty regime
16 Sep 04
Binding services
A new company is offering a binding service for Society publications including the Journal after the previous suppliers ceased trading
16 Sep 04
Classic letters of obligation
Master Policy insurers have agreed a slight relaxation to the conditions which have to be satisfied before letters of obligation are treated as “classic” letters of obligation
15 Sep 04
Exemption from payment of court dues
Correspondence between the Society and Scottish Courts Service about claiming exemption from court fees in legal aid cases
15 Sep 04
Solicitor’s imprisonment sounds warning bells
Jailing of an English solicitor for failing to report a suspicion of money laundering is a warning to the profession
15 Sep 04
Appeal court approves adoption practice
A Sheriffdom of Lothian and Borders practice note on eficient management of contested adoption and parental responsibilities proceedings has been approved by the Inner House
15 Sep 04
Interim rises in legal aid
Justice Minister has agreed interim rises in some legal aid rates and previews further reforms
15 Sep 04
New environmental law specialism
The Society is introducing a specialist accreditation in environmental law
15 Sep 04
Jamieson sets out stall for reform
Report of Justice Minister Cathy Jamieson's address to newly qualified solicitors
15 Sep 04
A three way process
A tight timetable has been agreed to finalise reforms to civil advice and assistance that will accompany an increase in rates in the autumn
15 Sep 04
SLAB right to refuse court fees
Where assisted clients are exempt from paying court fees, the Scottish Legal Aid Board is right to refuse to reimburse solicitors who have erroneously paid fees
15 Sep 04
Quality assurance goes live
An update on implementation of the quality assurance scheme peer review process
15 Sep 04
SLAB criteria: Court of Session
Scottish Legal Aid Board clarification of its attitude to Court of Session proceedings in relation to the availability of jury trial
15 Sep 04
AGM report
Reports from the 2004 AGM of the Society
15 Sep 04
From the Brussels office
EU update on maintenance recovery; fair trials
15 Sep 04
Child witnesses
A third document, "Guidance on Child Witness Court Familiarisation Visits", has been published as part of the Child Witness Support Guidance Pack
15 Sep 04
Bogus calls warning
The Society has become aware that some solicitors have been contacted by people professing to be from the Society who are not in fact employees
15 Sep 04
Murray and Flanagan installed for 2004-05
Report of installation of new President and Vice President
15 Sep 04
SDLT: no more Mr Nice Guy
Inland Revenue announce end of special administrative arrangements to help the transition to stamp duty land tax
15 Sep 04
Single survey: at last?
Remaining difficulties appear to have been resolved and the single survey pilot will start in mid-July
15 Sep 04
CML Scotland members - contact list
A list of contact details to use if solicitors are experiencing difficulties obtaining deeds, papers or cheques from a particular lender
15 Sep 04
RICS offer ADR
The RICS Dispute Resolution Service has launched a new service for resolving dilapidations disputes
15 Sep 04
Environmental advice online
A free website has been launched by UK environmental regulators to help small businesses understand their environmental obligations and perform them better
15 Sep 04
SCC plans Coulsfield Report
Lord Coulsfield is to head an advisory group in a Scottish Consumer Council initiative to explore the need to modernise Scotland's civil justice system
15 Sep 04
Wood's words of wisdom
Report of Sheriff Lindsay Wood's address to newly qualified solicitors
15 Sep 04
Major rule changes on the way
Society seeks power to suspend solicitors who fail to respond to client complaint investigations, and plans further rules regarding letters of engagement and firms' client relations procedures
15 Sep 04
Multiple claims: Stockline Disaster Group
Group has been formed by a number of solicitors who represent victims and relatives of deceased victims of the Stockline disaster
15 Sep 04
Youth passport up and running
The Young Citizen's Passport Scotland, produced in association with the Society, offers a pocket-sized guide to legal issues most relevant to young people
15 Sep 04
Coal Mining Guidance Notes
Recommendation that practitioners consult the Coal Authority website for current guidance on areas in which a search might be appropriate, rather than rely on the 1999 Guidance Notes
15 Sep 04
Housing tolerable standard variation of criterion
An order has been passed amending the tolerable standard to permit a waterless closet as an alternative to a water closet
14 Sep 04
Legal aid – travelling and printing in civil cases
Note of the Auditor’s decision to allow travelling time but disallow outlays for in-house printing
14 Sep 04
Incidental investment business certification
Changing rules on recording of certification for investment business on a firm’s notepaper
14 Sep 04
FSA guidance on financial promotion
New perimeter guidance from the Financial Services Authority on financial promotion
14 Sep 04
Ordnance survey
Obtaining a licence from Ordnance Survey
14 Sep 04
Conflict of interest in commercial leases
A list of issues arising in commercial leases, for the benefit of prospective clients
13 Sep 04
SDLT penalties alert
Procedures to be followed by the Inland Revenue in future where stamp duty land tax returns are incomplete
13 Sep 04
ICAS Tax update
Law Society of Scotland in conjunction with ICAS would like to provide free access for members to ICAS' electronic newsletter for tax matters
13 Sep 04
Trainee salaries
Recommended rates from 1 July 2004
13 Sep 04
SSDT website launches
Scottish Solicitors' Discipline Tribunal has a new website covering decisions since 1995
13 Sep 04
Accounting for commission from investment business
Duties on firms making introductions to independent financial advisers, or receiving commission arising from such business, to account to clients
13 Sep 04
Rate of interest on landed securities
Rate from Whitsun 2002
10 Sep 04
Natural water boundaries and the Land Register
Revised guidelines have been agreed between the Society and the Keeper for the Keeper’s staff to apply in relation to natural water boundaries and the Land Register
10 Sep 04
Legal aid – property recovered or preserved
Society’s comment on Scottish Legal Aid Board guidelines regarding property recovered
9 Sep 04
Communication initiative 2002 (4) 8
Society’s Legal Education Department scheme to improve communications with each firm employing a trainee
9 Sep 04
Damages Act 1996 – discount rate
Order setting rate of return to be expected from investment of damages
9 Sep 04
Meeting with Registers customer service
Conveyancing Committee discussions with Keeper following complaints about service
9 Sep 04
European decision backs Society’s position on MDPs
European Court in Nova upholds professional rules prohibiting multi-disciplinary partnerships
7 Sep 04
Business of the High Court
Memorandum by Lord Justice General on guidance to assist planning and disposal of High Court business
7 Sep 04
Legal correspondence between prisoners + solicitor
Guidance on addressing and sealing correspondence to prisoner clients
7 Sep 04
Destruction of files
Letter seeking guidance on retention period for conveyancing files and Law Society response
7 Sep 04
Multiple claims
Co-ordination of claims from derailment at Stranraer; and Sun Ray Therapy as treatment for asthma
7 Sep 04
Interest on landed securities
Rate from Martinmas 2001
7 Sep 04
Certificated management courses
Society has teamed up with Institute of Management and Perth College to offer open supported learning course in management
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