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From the archives - November 2010

In the wee small hours

Why a late hours catering licence should not, in the writer’s view, be required for premises licensed under the 2005 Act

Keeping the law in line

President's message: any review of the criminal law following the Cadder case should be careful to preserve the good points of the Scottish system

Only a civil matter?

Opinion column asks why is it so often ignored that unlawful eviction or harassment of tenants is a serious criminal offence

Mapping the future

Registers page has articles on digital plan data, the title investigation service, evidencing salmon fishing titles, and an update on the fees review

Rights under question

The legal issues raised by the Cadder appeal and the subsequent emergency legislation; and some wider constitutional questions now being discussed

What help?

The year's developments in charity law and regulation, including a focus on the forthcoming SCIOs regulations and a perspective from OSCR

Shunned lifelines

Report of a discussion to highlight the help and advice available to solicitors in difficult situations, and why so many fail to make use of it

The whole deal

A review of the role and effect of "entire agreement" contractual clauses in the light of recent decisions, and why it would be wrong to write them off

The limits of privilege

The scope of legal professional privilege in relation to the money laundering rules, as it is set to apply to alternative business structures

Drugs: a user issue

The experience of a Portuguese initiative to adopt alternatives to prosecution without actually legalising drug use

Law reform update

Recent work of the Society's Law Reform Department on Cadder v HM Advocate; Domestic Abuse (Scotland) Bill; and projects of the Pensions Subcommittee

Constitution out for views again

The Society is undertaking a further round of consultation on proposed reforms to its constitution

Tackling bullying and harassment

Comments are invited on the findings of the Society's research into bullying and harassment in the solicitors' profession

First registered paralegals confirmed

Initial response to the scheme, now entering its second phase when non-members of paralegal bodies but who have sufficient experience can apply

Mediation lawyers can apply

Accreditation as a specialist commercial mediator is now open to those with experience of acting for clients in mediations as well as those who act as mediators

Look out for the rules reviews

Comprehensive reviews of the Society's practice rules and accounts rules have resulted in new versions that are about to be put to members

From the Brussels office

Recent EU developments on late payment in commercial transactions; maternity leave; public procurement; financial institutions; Services Directive

Are they being served?

Delivering the kind of service clients expect will be key to building a successful strategy in the post-recession economy

Ask Ash

What should I do when people make fun of my accent?

Paper, pixel and process

Conclusion of series on electronic communication in the profession identifies the requirements for a secure and efficient platform, and explains the co-ordination needed to achieve it

Check yourself

The benefits of practices reviewing risk management performance using a self-assessment questionnaire available on the Marsh website

Call for restraint

Latest civil cases, including conduct of litigation; rights of audience; decree by default; expenses; remit to the sheriff court; evidence of loss; interdict; sequestration

A step back from compensation?

Another sheriff court decision has analysed the cohabitation provisions in the light of earlier authorities

Key to compliance

The Justice Secretary has made an order making the sex offender registration requirements comply with human rights decisions by ensuring a right of review

Website review

The relaunched site of the Scottish Young Lawyers' Association

Resource issue

The interim report of the Hutton review of public sector pensions presages radical long-term structural changes

Book reviews

Reviews of Annotated Arbitration (Scotland) Act (Davidson et al); Scottish Liquidation Handbook (Flint/MacRoberts); Scottish Agricultural Law Handbook (Notley); Civic Government Licensing (Hadjucki and Stuart)

Stand up and be counted

In-house lawyers are not taking the Akzo Nobel decision lying down, as their conference heard from the headline speakers

Cool drafting

Opportunities offered by the climate change burden, which the authors argue presents an opportunity for positive action on the environment

Partners in purchase

Solicitors and other stakeholders are playing a role in the Scottish Government's programme to promote good practice in the use of compulsory purchase as modernisation work progresses