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From the archives - October 2003

Why politicians have got it wrong

If they are serious about legal reform, politicians need to stop pandering to the tabloid press over criminal justice

The big idea

One of the authors of the Draft Criminal Code for Scotland explains the thinking behind it and the issues they had to address

A comment on the Draft Criminal Code

A comment on the draft from a human rights perspective

Stories from the other side of the desk

Profiles of solicitors who have switched to a business career

Employment practice liability

How employment practice liability insurance can protect a business against the increasing threat of litigation by employees who believe their rights have been violated

Jurisdiction in insolvency proceedings

The effect of the EC Insolvency Regulation on bringing insolvency proceedings in Scotland

Heard but not seen

Report on the new Executive guidelines for the protection of child witnesses and the Vulnerable Witnesses (Scotland) Bill

Inter-spouse guarantees: an update

Guidance on the measures necessary to protect a lender where a borrower’s close relative acts as cautioner of business debts

High value – high exposure?

Why the number of professional indemnity intimations arising from commercial property work is on the increase, and the risk controls necessary

Internet arbitration clauses: shock and awe?

A discussion of the PayPal internet arbitration case and some rules as to when arbitration clauses will be considered reasonable

Conflict of interest in commercial security transa

Restatement of guidance on a borrower’s solicitors accepting instructions from the lender

Practice points

Late offers and cohabitation agreements are two problem areas recently considered by the Professional Practice Committee

Indecency no longer “shameless”

Latest criminal cases, including indecency; delay; corroboration

Scottish Solicitors’ Discipline Tribunal

Reports relating to Robert Alisdair Mactaggart; Thomas Patrick Mellon; Donald MacAulay Johnson

Reforms to corporate insolvency law will give indi

Various legislative reforms have come into force which make a large package for insolvency practitioners to get to grips with

Rights on forestry access and limited partnerships

Whether woodlands have been exempted from the statutory right of access; and new provisions concerning limited partnerships in agricultural tenancies

Website reviews

Reviews of websites offering legal advice to children and young people

Book reviews

Reviews of Commercial Leases; Internet Marketing: Strategies for Law Firms

Substitute certificates of title

Many requests for substitute certificates of title are unnecessary, and steps can be taken to reduce the incidence of requests

Housing Improvement Task Force

An outline of the report of the Task Force so far as affecting the process of buying and selling homes

Contaminated land: what to ask

The steps solicitors can take to satisfy themselves that land is free from contamination