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From the archives - July 2007

The power of marks: Frankie goes after Hollys name

How failure to address issues of ownership of the band's name stored up trouble for Frankie Goes to Hollywood

Confidentiality clauses - beware!

The Information Commissioner's decision in the VisitScotland case requires very careful drafting of confidentiality provisions in public sector contracts if they are to work

Into the fast lane

President's message: a busy first month in office has seen a whole series of events, from the ceremonial to important engagements on behalf of the profession

All change please...!

The bigger training firms would like to see the Society's education and training review lead to enhanced skills training, and a UK-wide partnership approach

Benchmark for practice

Legal firms and in-house employers alike can benefit from the new data, just published, arising from the Society's equality and diversity survey

Old, new, borrowed and blue

First of two articles on this year's Finance Act, which while not on the scale of some introduced by Gordon Brown, contains much that solicitors should be aware of

The Oracle has spoken

Commentary on the recent European Court ruling that the "so far as is reasonably practicable" test in UK health and safety law does not infringe the EU directive

High road, low road

Some contrasts in the approaches of Scots and English law to property claims by cohabitants, in the light of a recent English House of Lords appeal

Point of contact

Survey of views on whether a courtroom is the right place to determine the care arrangements for a child whose parents are disputing residence and contact

Stuck in a rut?

Some experiences of, and advice from, solicitors who decided they needed a change of practice area and are glad they took the plunge

Counsel's fees - a reply

A reply to the open letter from the Dean of Faculty (Journal, June 2007) on the Scheme for Counsel's fees

Two Scots lawyers honoured

David Stewart and Hilary Patrick receive awards in Queen's Birthday Honours List

Fraud: no hiding place

Overview of the Update conference "The Many Faces of Fraud"

A chance to shine

Accredited specialists in incapacity law and mental health law chart the growth of these practice areas and explain what is needed to become accredited

CDD is the new ID

Second article on the Draft Money Laundering Regulations 2007 explains what will be required to carry out "customer due diligence"

Embrace change: Brymer

Report of Professor Stewart Brymer's address to new solicitors at the Admissions Ceremony held in June

System integrity

Obtaining digital evidence that will stand up in court requires basic rules to be meticulously observed

Professional negligence: Pre-Action Protocol

Terms of the Voluntary Pre-Action Protocol in Scotland for Professional Negligence Claims, which applies to claims intimated after 1 July 2007

Not just a fancy name

Unlike in England, planning for business continuity management is not yet compulsory for solicitors' practices in Scotland - but it is strongly encouraged

More on "enough is enough"

Latest civil cases, including dismissal following delay; discharge of diet; caution for expenses; res judicata; summary applications; appeal; antisocial behaviour orders

Are you up to the Act?

Every solicitor with licensed trade clients needs to decide whether to tackle the complexities of the new regime

Saving energy - and effort

Are the Scottish Executive's proposals to relax controls on householder developments radical enough to deliver its goals?

Takeover goals

The unique procedural challenges posed by the Iberdrola/ScottishPower takeover, overcome through constructive engagement with the Commercial Court

Expensive consequences

A case has already arisen, since the Trident Fashions decision recently discussed, of administrators seeking a winding up to avoid further liability for business rates

Scottish Solicitors' Discipline Tribunal

Reports relating to Michael Alan Grant McNiven; William Meechan

Website reviews

Reviews of the sites of the Registers of Scotland and the other UK and Irish land registries

Book reviews

Review of International Private Law in Scotland (Crawford and Carruthers)

Time (to prepare) please!

Some advice on the key points of the 2005 Licensing (Scotland) Act, the first applications under which will have to be made within a matter of months

ARTL - now and then?

How automated registration of title will affect the steps of the typical conveyancing transaction - generally in a straightforward way