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From the archives - June 2009

Spanish executry law – cross border issues

Inheritance issues for those holding assets in Spain

The Scottish Parliament’s Emergency Bill procedure

Although the Parliament has used its emergency procedure on a number of occasions, there are no set criteria to determine when it may be employed

One year on

A year after giving up legal practice in his 40s, the author reflects on whether he would have done anything differently given his time over again

Unequal before the law

The fuller version of the article in Journal, June 2009, 22, on Palestinian land rights in the occupied West Bank

Ian Smart's inauguration speech

Address to Council on 29 May 2009, on taking up office as President of the Law Society of Scotland

Your new First XI

President's message: with a new management board in place, made up of Council members, solicitors should see a higher profile in future for the work the Society does for them

Dangerous loophole

Recent news has highlighted the continuing problem of "bogus" colleges - to which a potential solution exists if MPs are prepared to press for change

Unlocking the rule of law

The Attorney General's opening address to the "Law in Scotland" conference, on her role in relation to the rule of law, and her vision for a legal profession fully reflecting the community

Our guiding light

The Lord Advocate's keynote conference address, challenging the profession to see the rule of law as as a concept in the service of the community as well as one to direct the work of Government

A hit for the conference

Registers of Scotland's view of the "Law in Scotland" conference, which it supported as a sponsor and as an exhibitor

Of chairs, trains and escalators

The House of Lords has been grappling with the difficult question of what limitations should be placed on strict liability regulations designed to ensure health and safety at work

Unequal before the law

A retired Scottish solicitor discovers, to his shock, how the law is manipulated to the disadvantage of Palestinians in the occupied West Bank

Matters of the mind

As the Mental Health Tribunal for Scotland undergoes its first full review, the current President tells how the system has developed in its early years

New game, new rules

Some developments under the Gambling Act 2005, which brought wholesale change to the industry in Britain and has now been in force for just under two years

Advance on all fronts

Overview of the "Law in Scotland" conference, a triumph of planning and a demonstration of the strength and diversity of the modern solicitors' profession

Making openness work

The Society's annual general meeting showed its members' faith in their governing body - if it delivers on its promises of transparency

The First XI

Introduced by the President, the lineup of the Society's new management board, made up of 11 Council members, which will enable executive decisions to be taken more quickly and efficiently

Society parleys with the OFT

The Society has developed a dialogue with the Office of Fair Trading, which now has an office in Ednburgh

Professional Practice Committee

A statement confirming the proper advice to clients on the raised income limits for civil legal aid; and revised guidelines on comments to the media by solicitors

Committees: the unsung heroes

Many solicitors give up their time to serve on the Society's various committees, particularly in law reform, deriving much personal benefit in the process

Find a client?

Profiles of three new online services, keen to work with more Scottish firms, among those emerging to help prospective clients find the right solictor - and member firms to win more business

Platform for success?

The IT-themed presentations at the "Law in Scotland" conference had a common message of securing the profession's future by seizing the initiative in terms of technology

Ask Ash

Advice on that hardy perennial, the office romance

Constant foe

Some of the faces of fraud to which the profession is exposed, and some of the practical steps that can be taken to minimise the risks

Killer question

Latest criminal cases, including murder in the context of fireraising; acting in defence of another; the punishment part of a sentence; appeal procedure

A time to be inventive

Companies looking at IP rights for ways of improving their liquidity in the recession have various options which may serve to protect their market position

Deep pockets required?

A new decision by the Court of Arbitration for Sport could make it more expensive for footballers to leave their clubs in breach of contract

Win some, lose some

The courts have been active recently on farming tenancy questions, and landlords and tenants have each enjoyed some success

New client - new problems

An employment tribunal has ruled that solicitors winning work from other firms may be caught by the TUPE rules. Staff may transfer with the work - which could prove costly

Website review

Reviews of sites listing legal firms, some with a client matching service

Book reviews

Reviews of International Money Laundering and Terrorist Financing (Hynes, Furlong & Rudolf); Personal Injury Damages in Scotland (Bennett)

A business view

A new decision of the Special Commissioners should be studied by advisers to Scottish landed estates