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From the archives - April 2010

Islamic law - the beginnings

A retired solicitor currently studying Islamic law explains how it took shape in the first centuries after the Prophet Muhammad's life

Depriving criminals of their ill-gotten gains: is it happening?

Some observations on the Joint Thematic Report on the Proceeds of Crime Act 2002, published by the Scottish Government in October 2009

Burdening the legal aid lawyer

Scottish Association of Law Centres response to SLAB's draft proposed guidance on verification of financial eligibility for advice & assistance/ABWOR in civil and children’s cases

Landlord's hypothec: the permutations

Full version of the letter published in the April 2010 Journal

Time to push for Gill

President's message: writing ahead of the ABS results, another important question is, what is happening to the Gill review?

Plus ça change, plus c'est la même chose

Opinion comment that law reform to protect the vulnerable is one thing, but not enough attention is paid to it in real cases

Seconds out

Initial reactions to the result of the ABS referendum just announced, plus a report on the issues in the "representation" ballot to come

Help at hand

Registers of Scotland highlight potential difficulties from transactions affecting multiple titles or title sheets; discharge of security over part of the subjects; and the SLC draft bill

Win-win situation

Paper-based legal aid applications are due to be phased out, and firms are already benefiting from transacting online, which is easy to get started in

Giving and taking away

The Children's Hearings Bill intends to make it easier for a person to establish "relevant person" status, but has the effect of initially cutting out some who currently qualify

Home and away

Key messages from a recent meeting hosted by the Society to discuss the potential for outsourcing as a means of improving business efficiency

Quest for power

Scotland is well on the way to meeting its green energy targets, but the amount of development required between now and 2020 means that legal work in the field can only increase

A crumbling monument?

Some commentators have expressed alarm at the recent Inner House decision on expenditure incurred in reliance on representations that a contract existed, but is that justified?

No happy ending

Testing the succession rights of cohabitants as contained in the Family Law (Scotland) Act 2006 against a foreign dispute that has made the press, finds them wanting

Seminars target money laundering awareness

Main points from anti-money laundering seminars hosted by the Society in partnership with Scottish Business Crime Centre

DP/FOI specialism opens to applicants

Introducing the Society's latest accreditation

Law reform update

Recent work of the Society's Law Reform Department, including legal services; children's hearings; digital economy; alcohol; double jeopardy; public services reform; adult incapacity; pensions

Points of access

Report on the recent Access to Justice conference run by the Society, when invited participants discussed the scope for improvement at present

Diploma or not?

The Society is trying to manage students' expectations of the prospects of finding a training place, but has also begun a free service to help match hopeful applicants with firms offering places

From the Brussels Office

EU update on the working time rules

Are you who you say you are?

Digital practising certificates, with smartcards, would mean conducting business more efficiently but also give lawyers a marketing advantage while we do not have universal ID cards

Ask Ash

Advice corner: The trainee I'm supposed to be mentoring is tryng to run things her own way. How should I tackle this?

Social media: a revolution

Sponsored column on the use of social media in recruiting

A commercial approach

Risk management lessons to be learned from recent claims in the corporate and commercial law claims experience

Growth industry

Latest criminal cases, including evidence against a co-accused; finality of interlocutors; assault and robbery; devolution issues

Price of success

The proposals in Lord Justice Jackson's Review of Civil Litigation Costs, though confined to England & Wales, could influence policy in Scotland

Variations: some more thoughts

Could the new licensing regime offer more flexibility to the trade in some situations than used to be the case?

Tenancy or bust

Liability for rent in trading administrations has featured as an issue in the English courts recently

Another nibble of the cherry

A new Supreme Court decision is a useful reminder of a potential remedy for a spouse prejudiced by a foreign divorce settlement

Planning with add-ons

A new Scottish Government circular aims to modernise and streamline the policy and procedures relating to planning agreements

Website review

The new tax year prompts a look at some websites covering the subject

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Malcolm Keith Macaulay Cameron; David Baird Macadam; Michael Gerald Rourke and John Knox Aitken; Lynne Helen Craig or Sim

Book reviews

Reviews of Legal Systems in Scottish Churches (MacLean); Drafting Wills in Scotland (Barr, Biggar, Dalgleish & Stevens); Scottish Land Law (Gordon & Wortley)

It's never too early to call your external solicitor?

Tensions between the courts, HMRC and the European Commission relative to privileged communications

Dereliction of duty?

Argument that solicitors, apparently with the blessing of the Society, are currently providing insufficient help to clients in relation to environmental issues potentially affecting their property

To grant or not to grant?

Reply to the argument that insolvency practitioners should be comfortable with granting fact and deed warrandice, suggesting great care should be taken when considering any such grant