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From the archives - April 2006

Bias and mental health tribunals: a reply

Reply to criticisms of the new tribunals, arguing that the composition of the tribunals is not inherently unfair and only research can assess their performance

Legal science or law-lite? A response

This reply to Professor Gretton argues that changes in Scots law teaching are a necessary response to changes in universities, the wider community and the law itself

Opening a binding global route for personal data

In a significant move the Information Commissioner has allowed a company to transfer employees' personal data outwith the EU under binding internal rules

Mentally disordered offenders

Overview of the options available to the courts when dealing with offenders who have or may have a mental disorder, following recent legislative reforms

Change but not for the sake of it

President's message: solicitors will support change for the better, but unless the Legal Profession Bill is amended it will not produce a better system

Legal science or law-lite? A response

Opinion that changes in legal education are principally due to globalisation and the changing nature of legal practice, forces we must learn to live with

On message

Report on the Society's annual conference "Get Connected", marking 50 years of The Journal

A bill to query

Interview with Douglas Mill of the Society on its position regarding the bill to introduce an independent Complaints Commission

Client confidentiality and freedom of information

Survey of the Information Commissioner's published decisions to date on freedom of information requests where the legal privilege exemption was claimed

Rushed law and wrongful death

Creative interpretation will be needed to avoid injustice through a late amendment to the Family Law (Scotland) Act on suing for wrongful death

Qualifying by degrees

The Society's role in accrediting the various LLB degree courses, and the continuing alternative of studying during a pre-Diploma traineeship

Safeguards before the MHTs

Authors have concerns about the way mental health tribunals are dealing with requests to appoint curators ad litem for tribunal proceedings

The treatment of pension rights on divorce

An actuary offers some tips on locating pension rights and obtaining the cash equivalent transfer value (first part of three on practical issues that arise)

We've paid for it: what do you mean it's not ours?

Commissioning a website without paying attention to the IP rights relating to its design is fraught with pitfalls

Communication: the #1 risk management tool?

The importance of good communication as a tool for managing risk

Sugar but not sweet

Interview with Karen Bremner, Scottish solicitor who was "fired" by Sir Alan Sugar from "The Apprentice" TV show

AGM report

Summary of proceedings at the 2006 AGM of the Society

Profiling the profession

The Society intends to launch a major research project to create a demographic profile of the profession and explore further equality-related issues

Guidance on guidelines

Latest criminal cases, including abandoning an appeal; defective representation; concert; sentencing guidelines; sentence discounts; bail

The licensed trade: going up in smoke?

The scope of the smoking ban, and the permitted exceptions, are still the subject of some confusion

Clause for concern

The statutory landlord registration scheme is inconsistent and confusing in its application to properties included in an agricultural tenancy

Fully charged

A closer look at the proposed new regime for floating charges in Scotland, under which a new register maintained by the Keeper will become the principal register

Scottish Solicitors' Discipline Tribunal

Reports relating to Eileen Dommer; Christopher John Sayer

Website reviews

Websites relating to the Faculty of Advocates have moved on from a year ago

Book reviews

Review of Sudden Deaths and Fatal Accident Inquiries, 3rd ed (Carmichael)

New CAR drives discharge regime

New regulations for the control of discharges to water will affect many conveyancing transactions of properties served by septic tanks