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From the archives - October 2012

Players and winners

Are you a “player”? These are the people, it is said, who are key to taking their businesses forward, which means in particular, of course, smart use of IT

Access to client money?

Could other public sector debt recovery mechanisms be used to collect summary criminal legal aid contributions?

Tax and residential property

The tax implications of acquiring, letting and disposing of residential property ("When the agent answers", in this issue, is an extract from this article)

Trusts and the family business

A recent case highlights the specialities of family businesses

Planning: the next level

Planning briefing on important legislative and policy reforms announced by the Scottish Government

Reading for pleasure

This month's selection of leisure reading chosen by the Journal's Book Review Editor

Opinion: Tom Mullen/Alan Paterson

Provisions currently before the Parliament to establish a Scottish Civil Justice Council need amending if they are to conform to established principles of public law and administration

Council profile

This month's Law Society of Scotland Council member profile: Martin Allan (non-solicitor member)

Book reviews

Reviews of Local Government Licensing Law in Scotland (McGowan); The Business of Law: Strategies for Success (ed IBA)

President's column

Government has surely underestimated the effects on defence solicitors of requiring them to collect legal aid contributions in summary cases

Deed plan criteria

Registers page: a new publication provides best guidance on preparing deed plans; a team has been set up to prepare for the Land Registration (Scotland) Act 2012

Decision time for justice

The Scottish Court Service consultation on restructuring the courts, discussed with Stuart Naismith, convener of the Society's Access to Justice Committee

"Can do": can you?

The keynote speakers at the "Law in Scotland" conference posed some challenges, and offered some insights, for solicitors attempting to cope with a changing business environment

Taxes heading north

Discussion of the emerging shape of the Scottish land and buildings transaction tax, and issues surrounding the Scottish rate of income tax

When the agent answers

Explaining the Non-Resident Landlord scheme, under which agents for landlords resident abroad can reduce the level of their duties to HMRC if the landlord is permitted to receive their rent gross

Taking care of child cases

Report of a seminar where family lawyers took up Lord Reed's challenge in B v G to find better ways of resolving parental disputes over the care of their child

Collective redress

The UK Government faces a delicate balancing act in devising an effective remedy for consumers against losses caused by price-fixing cartels

Making sense of hearsay rules

Latest criminal cases, including hearsay; vulnerable witness applications; SCCRC references; finality of proceedings

Don't forget the register

Casenote on Glencoe Developments Ltd v Sneddon, which should serve as a wakeup call to all companies to ensure that their statutory registers are kept up to date

Alcohol: the healthy option

When it comes to the "public health" licensing objective, the lesson of history is that education is the most effective way to change social attitudes to drinking

Seeding scheme is a draw

Introduced this year, the seed enterprise investment scheme has attractive tax reliefs for individual investors in qualifying companies

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to Roderick Graham Mickel; Paul Anthony McConville

Human trafficking: is the system responding?

Following an Equality & Human Rights Commission inquiry into human trafficking in Scotland, the Scottish Government and other agencies are holding a summit to review strategy

Power points and positive rights

Leases of land for wind or other renewable energy generation need to contain safeguards against interference with the energy source. How can these best be made legally effective?

A way to apply yourself

A training programme has been devised to help solicitors who wish to apply for judicial or other office but who may have difficulty with modern, competency based selection procedures

Society presents "ambitious plans"

SGM hears chief executive outline corporate plan for 2012-13

Law reform roundup

Recent work of the Society's Law Reform Department, including Civil Justice Council etc Bill; Carloway report; redundancy law; tax anti-avoidance rule

Business benefits

The risk management article shines some light on a few things that lawyers can learn from others in business about how to reduce the risk of exposure to liabilities

On the right track

Report on a recent seminar on ethics and professional practice, with summaries of some matters recently considered by the Professional Practice Committee

Ask Ash

Advice column: is it important to spend a lot on clothes to make a good impression on clients?

Business radar

How to respond effectively to an ever-changing business world and those "left field" events: (3) establishing a public reaction process for sudden events

Legacies: the untapped potential

A relatively small increase in the number of people leaving charitable legacies would make a huge difference to our good causes

Charity begins at law

A scheme operated through the Scottish Council for Voluntary Organisations illustrates the need among many charities for legal help with governance and other issues, and a CSR opportunity

Love them and leave to them

Solicitors are being encouraged to join in a new scheme to encourage legacy giving to the arts

Those difficult relatives

Problems tracing missing beneficiaries? Sometimes good old-fashioned police work is what is needed