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From the archives - July 2008

Getting a Get in Scotland - 2

This follow-up to the article published in March 2006 explains how current Scots divorce law affects Jewish clients and how solicitors can give appropriate advice

Crunch time

President's message: the Society is pressing for government action to mitigate the effects of the economic slowdown where it particularly hits solicitors' firms

Home reports: oh no they won't

Defence of the author's views on home reports following previous replies

Recoverable proceeds

Comment on part of the article "Dirty Money?", June 2008, p18 on recovering proceeds of crime

Justice diverted

Opinion that continued experience of summary justice diversion tends to contradict assertions that it is simply an efficient alternative to prosecution leading to a fine

On the scent

Interview with Jane Irvine, Chair of the Scottish Legal Complaints Commission, on how the new body will operate and keep itself informed on legal practice

Learning to live together

A look at relations between the Law Society of England & Wales and its split-off bodies now dealing with professional regulation and complaints against solicitors

Learning to live apart

Parenting classes for the newly separated, now common in the USA, are about to be trialled in Scotland, following a visit by Texan divorce coach Christina McGhee

ARTL: one lender's view

Making ARTL work; sites of special scientific interest; form 4 procedure

Games without frontiers

The legal framework governing broadcasting rights for major sporting events, the prospects for change and the competing interests at stake

Speaking up for children

The joint report by the four UK Children's Commissioners to the UN Committee on the Rights of the Child provides a reality check for government and should dispel complacency

Poor relations?

Family businesses are feeling hard done by when it comes to finding professional advice that fully understands their needs, and are organising to press for action on training

Justice for sale?

Paper to a conference on delivering excellence in Scotland's civil justice system challenges the treatment of justice as a "commodity"

Shining light into the darkness

First of two articles on the Budget and Finance Bill explains the important changes in income tax, inheritance tax and capital gains tax

Legal aid review gets down to work

Society's letter to criminal practitioners on its work with the Scottish Government and others to monitor implementation of the summary legal aid changes

CPD for new lawyers

How the Society is developing CPD training specifically for the needs of recently qualified solicitors

Cutting the Brussels red tape

Report of the official opening of the new premises for the UK law societies' joint Brussels office

Keep your Roll entry up to date

Reminder from the Society of members' obligations to advise of any change in status, including new business address

Professional Practice Committee

Text of guideline on settlement by cheque, loan redemption and remit of the free proceeds of sale 2008

Birthday honours

A note of four honours relevant to the legal profession in Scotland

Time to sell up?

Second and final part of the author's acocunt of lessons learnt from selling his legal practice: best strategies in concluding a sale, and how to prepare for what comes after

Beyond chip and PIN

Report on a project which aims to guarantee the security of electronic signatures such as used in the ARTL system, for use in any legal transaction concluded over the internet

Lender claims

With a downturn in the property market increasing the risk of claims from lenders for losses suffered through mortgage default, the article examines how to minimise this

The price of justice

Latest civil cases, including inordinate delay; third party notice; new defender; and three decisions on aspects of expenses

Transition tales

Anomalies and inconsistencies in practice under the new licensing regime would be greatly added to if some of the latest government proposals come to pass

Falling between stools

Court rules place unnecessary obstacles in the way of separating cohabitants who wish to make a counter application for financial provision

The Environment v X

Regulations are pending that will introduce new duties to avoid, or remedy, damage to the environment - and it can sue

More equal than others?

Two English cases appear to settle the question of which creditors are entitled to share under the new "prescribed part" provisions

Points to prove

The next phase of the points-based immigration system will come into force shortly, with the rules applying to skilled workers with a job offer

Website reviews

Reviews of sites covering news of matters relating to Scots law and lawyers

Book reviews

Reviews of Gloag & Henderson (12th ed); Evidence (Davidson)

Whose star will shine?

In-house lawyers have the chance to see their unique talents recognised through the latest expansion of The Signet Accreditation

Taken for granted

The Society has issued advice to in-house lawyers over the granting of a non domino dispositions in favour of their employers

An A to G of EPCs

With energy performance certificates about to arrive across the property market, the author explains what they require, and some issues they raise particularly in letting

HBOS redemptions: Society's advice

Advice regarding a communication from HBOS that they wish mortgage redemptions to take place by electronic means from 1 August 2008