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From the archives - January 2005

Riding the wave of change

President's message: The profession faces a year of challenge and must strive to stay on the front foot as new initiatives are proposed from all quarters

Last stand for the defence

Author questions whether the Society still has real input into criminal legal aid policy; and whether there is a future for criminal defence solicitors in private practice

Losing the wait

Overview from Scottish Court Service staff of the main features of the Bonomy reforms to High Court procedure as enacted

What right to be wrong?

Author's view that the George Galloway defamation case implies far-reaching controls on what newspapers may publish

Prevention as the cure

The Protection of Children and Prevention of Sexual Offences (Scotland) Bill illustrates a shift of emphasis from reaction to prevention of offences against children

No room for half measures

Interview with Gerry Brown, Convener of the Criminal Law Committee, on the implications for practitioners of the Bonomy reforms

Poles apart

How the financial services market has changed for solicitors, with financial advisers regrouping into new categories as the FSA extends its influence

Get IT right

Information technology is the modern tools of the trade for solicitors, but it is the ability to support, maintain and use these tools that will determine which firms will succeed

The value proposition

First of four articles on producing and implementing a strategy plan looks at methods of measuring financial performance

A time for resolution

The risk and risk management issues considered over the course of 2004, and risk issues topical at the beginning of 2005

Trainee assignations discouraged

Reminder that only in exceptional circumstances does the Society permit assignation of a training contract

FSA rulebook changes

Financial Services Authority has amended its rulebooks to clarify the duty of an authorised professional firm to comply with the rules of the FSA and/or its designated professional body

Important new guidelines

Society's Council has approved new practice guidelines on gazumping, gazundering and closing dates

When it falls, it falls

Latest civil cases, including falling of the instance; forum non conveniens; pleas; caution for expenses; tenders; remit to the sheriff court; antisocial behaviour orders

Round the houses

Outline of the legislative programme for the coming year at Holyrood and Westminster, as affecting Scotland

Private bills and public interest

Reforms being considered to the Scottish Parliament's private bill procedures should not reduce proper scrutiny by elected representatives

Charging Peter to pay Paul

The Executive's draft Bankruptcy and Diligence Bill is a potential law of unintended consequences

Fair pay for liquidators

The Inner House in Hyndman v Readman has held that the Insolvency Rules contain no presumption for a commission basis, even where a company has few assets

Website reviews

Reviews of sites concerned with freedom of information

Book reviews

Review of The Case Against War

Fair notice?

The Tenements (Scotland) Act provisions introducing the notice of potential liability for costs, raise a number of questions as to how they will work in practice

The new title conditions

Answers to some common questions concerning registration of burdens under post-feudal law; and items on the Tenements Act and the Joint Consultative Committee