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From the archives - November 2003

Big wheels keep on turning

President’s message: those professionally involved in the justice system should stand up for it and work diligently to achieve positive change

Outsourcing: trick or treat?

Like any other business, legal firms facing pressures on costs must consider outsourcing processes abroad

The end of conveyancing as we know it

Conveyancing and property law are merging both as an academic subject and in practice

A conflict of interest

The scope of the conflict of interest rule, with particular reference to imputed knowledge

You’re tagged

The Scottish experience of tagging as an option for sentencing over the past five years and how it might develop

The beginning of the end

Some golden rules to ensure that a negotiated financial settlement is translated into an effective and problem-free separation agreement

The Scottish Law Commission’s Trust Law Review

Trusts are very useful to the commercial and the private client lawyer, but the relevant law in Scotland is in need of reform

Disclosure: divorce lawyers and proceeds of crime

A landmark practice ruling for family lawyers highlights the scope of the money laundering reporting obligations

Talking digital

The potential of digital dictation and the growing capabilities of this technology

Keep an eye on your fee-earners

The elements of effective supervision systems within a practice and the questions solicitors should ask themselves when reviewing their supervision survivor!

Report on the annual conference

Builders requesting letter of comfort

Professional Practice Committee comment on form of letter of comfort sought by housebuilders from solicitors for purchaser

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

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

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

Determining place of payment

Latest civil cases, including jurisdiction; impartiality; joint and several liability; sist; remit to the Court of Session; power of arrest; expenses; legal aid

Mental Health Act: care and treatment

The first overhaul of Scottish mental health legislation for 40 years

Affidavits in undefended divorces

How much detail affidavits should contain concerning parties’ assets

Scottish Solicitors’ Discipline Tribunal

Reports relating to Neil Forsythe McPherson

Jury trials in the Court of Session

Author revisits some of the issues surrounding jury trials, and describes a recent case where a jury made a very modest award

Website reviews

Reviews of websites covering charity law

Book reviews

Reviews of Preventing Financial Instrument Fraud; Personal Injury Damages in Scotland

Preserving superiors’ rights

The proper practice for registering savings notices and agreements prior to feudal abolition

Housing Improvement Task Force

A pilot project for single surveys is on course for next year

Land certificates: could this be yours?

Issues of accuracy taken up with the Keeper by the Conveyancing Committee and the Keeper’s response