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From the archives - March 2008

CGT: Don't lose out on 6 April 2008

Couples should consider asset transfers before then to preserve indexation relief

Bank charges and the Unfair Terms Regulations

The significance of the Unfair Terms in Consumer Contracts Regulations in the context of the current litigation over bank charges

One Scotland, many cultures?

Despite the protections of the Human Rights Act, the position of travelling people in Scotland appears to have worsened in recent years - why?

Promoting our ideals

President's message: the ideals of serving justice which brought most of us into the law, increasingly reflect the approach expected of successful organisations today

Out of the wrong pocket

The policy behind proposed fee increases for the courts and the Office of the Public Guardian is to reduce the subsidy from public funds, which is likely to backfire

Market movers

How the major solicitors' property centres are already preparing to launch new services for the coming of home reports, and how solicitors must also prepare

In and out of court

The last of four articles on the summary justice reforms outlines the provisions for diversion from court, and the powers of the new fines enforcement officers

Towards an efficient system

Cabinet Secretary for Justice emphasises the aims of the summary justice reforms, and the government's commitment to dialogue in making them work

Keeper's rejection of registration applications

The continuing problem of the number of registration applications that are defective; and a Keeper's Direction on the expansion of ARTL

Financial health check

The concluding article on the 2007 Cost of Time Survey looks at the profit trends of recent years and offers some key points to improving financial management

Before the axe falls

A warning of the changes affecting inheritance tax on tusts, and capital gains tax, as from 6 April, which may be avoidable if action is taken before then

Summary trials: deciding the facts

First of three articles directed to effective advocacy by reviewing court methods of assessing testimony. This month: evaluating credibility

Council forms a blueprint

Report on the Council's day conference "Investing in the Future", on the options for reforming the Society's structure and governance

Commission does its sums

Report on discussions with the Scottish Legal Complaints Commission on the amount of the initial levy to be raised from solicitors

SLAB backs career research

The Society, Scottish Government and Scottish Legal Aid Board have a project to explore the recruitment and retention patterns of lawyers to assess future supply

The cost of guardianship

The OPG responds to the concerns raised over the fee changes since last year, and previews some further changes in law and practice

CSR takes centre stage

As the Society-sponsored CSR Firm of the Year is announced at the Scottish Legal Awards, the Society launches a web resource to help increase solicitors' involvement

Beyond the principles

Controversies over public sector data gathering obscure the often necessary role of data sharing. In reviewing practice we must look beyond the Data Protection Act

Question of technique

The skills and practices required to conduct an effective investigative interview with an employee under suspicion of fraud

Time's up

Experience of litigation-related claims against the Master Policy does not relate only to missed critical dates

Persons liable

Latest civil cases, including unincorporated associations; delarator; joint and several liability; decree; sist; pre-action recovery; curators ad litem; caution; expenses

Fair competition or own goal?

IP rights owners are anxiously watching the progress of litigation over the screening of football matches in pubs

Always the Land Court?

Despite what appears to be a prevailing belief, the Land Court is not the only available forum for resolving agricultural tenancy disputes

Rewriting the DDA?

The Coleman case will provide a landmark advance in disability discrimination rights, if the Advocate General's opinion is followed by the European Court

Away win for Webster

The Andy Webster appeal shows the Court of Arbitration for Sport attempting to bring a consistent approach to the FIFA Regulations

Points of entry

Outline of the radical new points-based system for intending immigrants to the UK

Website reviews

First of two reviews of websites of the relaunched Faculty of Advocates stables

Book reviews

Review of Delict (ed Thomson)

Banding together

Local government employers are studying the detail of the proposed new pension scheme for their staff

Name, rank and number

New rules require charities to make their status clear in a specified range of documents

Family law for conveyancers

The potential difficulties that can arise in a family law context where one of a couple provides personal funds towards the purchase of a property in joint names