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From the archives - June 2006

Independence first

President's message: The challenge of the next 12 months will be to highlight the importance of a profession free from state control

Stand up for our system

Opinion: The legal aid motion adopted by the special general meeting and the Society's Council was born of a deep anger at Scottish Executive indifference

The talking stops here

The implications of the Special General Meeting vote to withdraw co-operation from the Executive over legal aid

The bill: a half measure

Why the legal aid provisions of the Legal Profession Bill fail to satisfy service providers

Turning up the heat

The Legal Profession Bill and other regulatory developments continue to demand work by, and comment from, the profession in response

Strengthened or threatened?

Author's view that the Executive's consultation on strengthening judicial independence shows a lack of understanding and creates more of a threat

The patient approach

Interview with President of the Mental Health Tribunal for Scotland, Eileen Davie on how the tribunals are fulfilling their new role

Another little job

Any solicitor with clients who have income arising out of their country of residence should be aware of the EU Savings Directive

Obituary: James H Campbell

Appreciation of James Campbell, former President of the Law Society of Scotland

Trainee salaries

Recommended rates from 1 June 2006

Late citation of witnesses

Professional Practice Department advice to give reasonable notice of proofs or trials to fellow professionals prior to citation as expert witnesses

The wars of the portals

Property shops need to gear up with the IT to fight the next battle against aggressive incomers to the market

The LLP factor

How converting to LLP may affect the exposure of individual partners/members to liability for claims, and impact on decisions concerning a firm's PII cover

Avoiding surprises

The pitfalls to beware of that can affect the parties' positions between valuing a pension for divorce purposes and the actual transfer of assets (part 3 of 3)

The temporary judge survives

Latest criminal cases, including changes in science as affecting appeals; sentencing; issues not raised at trial; road traffic; temporary judges

HMRC to the rescue

With LLPs as with work in progress, the Revenue has had to help mitigate the effect of changes in accounting practice

Core of the agreement

The judgment in the Apple Corps v Apple Computer case has provided food for argument

A debate to be resumed

Uncertainty reigns pending an appeal ruling on the validity of irritancy and resumption clauses with limited notice periods

The impact of human rights

Sporting bodies, though not strictly within the Human Rights Act, are proactively reforming their decision-making procedures so as to meet its standards

Website reviews

Reviews of legal sites crossing international frontiers

Book reviews

Review of Private Limited Companies: Formation and Management (Brough)

Is that burden dead yet?

The continuing enforceability of real burdens and ways of extinguishing them following feudal abolition (part 1 of 2)