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From the archives - September 2008

Discrimination is discrimination

The ECJ's decision in Coleman v Attridge Law may have major repercussions for employers across the field of discrimination law

Servitudes and shop fronts

A recent case on servitudes has declined to recognise a new form of right in relation to shop fronts, the House of Lords decision in Moncrieff v Jamieson notwithstanding

At your service

President's message: In an eventful month the Council and Society have been making every effort to improve services for members and the environment in which they work

ARTL and secure signatures

Letter in response to an IT article seeks to reassure users of ARTL of the system's integrity and security

Sending a unified message

Opinion that the Special General Meeting requisitioned by the Glasgow Bar Association had a positive outcome in reaching an agreed position after airing views

Facing the squeeze

Survey of the main legal recruitment consultancies to find out the state of the legal jobs market - with some advice on practising rights for those not in work just now

Room for doubt

Author's view that the trend among disciplinary bodies to move to a "flexible" civil standard of proof should be resisted, especially given a recent House of Lords decision

Dealing with our older casework

Registers of Scotland are training more skilled staff to handle the increase in complex applications for first registration

Regime change

What will change, and what will not, as the Child Maintenance and Enforcement Commission takes over from the Child Support Agency

Risky business

Interview with convener and chief executive of the Risk Management Authority, which is building a reputation for expertise in the management of serious offenders

Drink problems

Some of the difficulties practitioners are finding thrown up in the way of applications under the new licensing law

Council agrees budget to freeze PC fee

The Society's Council has agreed a budget that means the practising certificate fee for 2008-09 can be held at last year's level

Consumer credit licence changes

New licensing requirements under the Consumer Credit Act 2006 come into force on 1 October

RFPG's online trainee service

The Royal Faculty of Procurators in Glasgow is to provide a new service to help trainees find placements in law firms, and firms to find trainees

Solicitors targeted again in email scams

A Scottish solicitors' firm has had its identity used in a new variant of a familiar type of email fraud attempt

Adult incapacity: new caution scheme agreed

The Public Guardian has negotiated the provision of an alternative cautionary service which should reduce cost, delay and complexity

Appreciation: Sandy McIlwain

Obituary of Alexander Edward (Sandy) McIlwain, CBE, MA, LLB, WS, former President of the Law Society of Scotland

Stair Memorial marks its 21st

Article on The Laws of Scotland: Stair Memorial Encyclopaedia, to mark the 21st anniversary of publication of the first volume

"Gateway" opens its doors

As the Scottish Legal Complaints Commission goes live, the Society's continuing investigatory processes are changing in line with it

Facing the lean years

Concluding part of survey of strategies to beat the recession reviews possible sources of new business, whether to consider new types of work, and things to avoid

On the road again

A review of some of the topics discussed at this year's Risk Management Roadshow

E-legal @ Nothing but the Net

Preview of this year's Law Society of Scotland IT conference, which includes a keynote address by the "James Bond" of security advisers

IT - ever onwards

A look at the next big IT projects facing Scotish legal practices, including those that add to a firm's green credentials as well as helping it work efficiently

Testing competency

Latest civil cases, including rule 22 notes; sist pending other proceedings; counterclaim; amendment; debates; family actions; expenses; adult incapacity

A Wise decision

A recent Scottish cse illustrates the potential value of interim interdict in intelletual property cases

Name calling

A new body, the Company Names Tribunal, is about to take up its function of adjudicating on opportunistic company name registrations

Diverse guidance

Two cases help to clarify the 2003 Act provisions on diversification by the tenant

Tackling the sporting bodies

The Scots and English courts still take different approaches to the availability of judicial review for decisions of sporting bodies

Keeping it legal

Any employer taking on an immigrant worker needs to know the new procedures in order to avoid the risk of a civil penalty for employing someone illegally

Scottish Solicitors' Discipline Tribunal

Reports relating to Ajaz Mohammed Hussain; John Gerard O'Donnell

Website reviews

Reviews of Scottish Young Lawyers Association and Cl@n Child Law sites

Book reviews

Review of The Promised Land: Property Law Reform (ed Rennie)

Charging the death offences

The approach COPFS will take to prosecuting the new offences focusing on fatal consequences of driving

Another hoop to jump

An important change to the CML Lenders' Handbook will add to the procedures required before concluding missives on a new-build house, on the Society's advice

An idea whose time has gone

The 20-year rule concerning leases of, and securities over, private houses is having unintended adverse effects on the funding and provision of housing

Society launches home report solution

The Law Society of Scotland has teamed up with a home report provider to launch a home report service designed specially for solicitors' firms

Order confirms surveyor's liability

A ministerial order confirms the surveyor's liability to the buyer where a defective home report leads to material loss