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From the archives - February 2005

Promoting competitiveness or competition?

Discussion of EU rules on state aids with particular reference to Highlands and Islands ferries

Not the final word

President's message: The Clementi Report is disappointing in some respects, and leaves plenty of scope for debate

Challenge of the FSA

Opinion article arguing that firms should lighten the regulatory burden imposed by the Financial Services Authority, by sharing compliance personnel

The pull of the south

The Society's Chief Executive offers some initial reactions to the Clementi Report - and hazards a few answers to important questions about next steps in Scotland

A world of change

Description of major changes in Commercial Court practice, designed to focus the issues well before any judicial hearing

Finding the path

Society's Director (Education and Training) reports on the December 2004 day conference on the Diploma and its outcome

An elusive model?

Author's impressions as a delegate at the December 2004 day conference on the Diploma, of the range of views expressed

Bank on it

Account of the House of Lords decision in Three Rivers District Council v Bank of England, reaffirming the scope of legal professional privilege for legal advice

Trouble at t'mill

Discussion with Louisa Knox and Harvie Brown, two pensions experts, of the current pensions crisis, the Pensions Act 2004 and the challenges for the industry

Hidden evidence

Explanation of the hidden data that can provide evidence about a document, and US authority on discovery of such evidence

Money claims on behalf of children

Amended section of guidance from Professional Practice and Civil Procedure Committees, published in August 2004, in relation to money claims on behalf of a child

Secure connections

Some of the risk issues faced by firms in connection with their IT systems and policies, and some simple steps that can be taken to minimise risk

Status reminder

Reminder to firms authorised for investment business to confirm their status as Scottish solicitor firms to the FSA

Watch the new Acts

Society has written to all criminal law practitioners drawing attention to the new Criminal Procedure and Vulnerable Witnesses Acts, and inviting comments on how they operate

Nominee company commissions

Table of fees has been amended so that where a legal firm has its own nominee company, the normal range of commission in relation to stocks and shares applies

Brussels Agenda

Updates from Society's Brussels office on cross-border mergers; child witnesses; Working Time Directive

Tread carefully

Latest criminal cases, including sentencing discounts; contempt of court; racially aggravated conduct; road traffic; protection of wildlife

Sell or transfer?

Discussion of the McCaskill case and its approach to resolving the question whether to order sale or transfer of the matrimonial home

Cracking the conflict code

Difficult issues can arise when an employer considers an employee's private activities inimical to its legitimate interests

X Factor for success?

TV show formats are becoming a copyright battleground, but we still await clear guidance from the courts

Scottish Solicitors' Discipline Tribunal

Reports relating to

Website reviews

Reviews of advocates' websites

Book reviews

Reviews of Accelerated Best Practice; With Malice Aforethought

Is "gazundering" always bad?

Author's concerns over the "gazundering" part of the new guidelines for domestic conveyancing tranactions

Defining the guideline

Reply from the Professional Practice Committee to the article expressing concerns over conveyancing guideline relating to gazundering