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From the archives - July 2012

On your marks

The efforts of the organisers of the London Olympics to combat ambush marketing come under scrutiny

Many's a crowd

An adviser on equity crowdfunding explains how it works and some of the pros and cons

Family migration

New rules affecting family migration are intended to restrict the number of non-EU immigrants to the UK, but in the author's view could operate unfairly

Assessing internet sex offenders

A consultant forensic clinical psychologist sets out the measures in use to assess the gravity of child sex abuse committed through accessing images online, and the risk of reoffending

Division and sale - disposal inter se

Can a pro indiviso proprietor competently have their interest conveyed to another within an action of division and sale? The author reviews the authorities and considers a possible practical approach against an uncertain legal background

Reading for pleasure

This month's selection of leisure reading

Opinion column: Elaine Motion

The Justice and Security Bill, in proposing the extension of “closed material proceedings”, would go against constitutional principles of open justice established in Scotland since the 17th century

Council profile

This month's Law Society of Scotland Council member profile: Alistair Morris (Cupar)

Book reviews

Reviews of Scottish Arbitration Handbook,

President's column

ADR, including arbitration, should be espoused by all solicitors in our clients’ interests, applying professional skills to solve disputes at the cheapest, most informal stage

Into the front line

A survey of the significant recent developments in legal services reform in England & Wales, and their likely impact in Scotland

A few more bricks

With the relevant provisions of the Legal Services Act now fully in force, how close are we to launching ABS in Scotland? Some way to go yet, as the Society's Philip Yelland explains in this interview

Eye on the profession

Interview with Carole Ford, convener of the Society's independent Regulatory Committee, on its first year of operation, how it works, and what it hopes to achieve

One eye over the border

Author's view that while there is a degree of consensus in Scots lawyers' responses to the Taylor review consultation, we should watch how the parallel English reforms work in practice

Who's who in construction

Although the sector continues to suffer from economic gloom, construction lawyers have an important role to play wherever activity continues, as the Journal's latest who's who feature shows

Speed up child cases

Latest civil cases, including family actions; jury awards; registration of judgments; sist; post-hearing communication; expenses; recovery of possession - and a note on new rules

Take another look

Pleadings, case management and acting as curator should all get a rethink in light of NJDB v JEG

Relief on the review front

A recent sheriff court appeal offers some hope to those concerned at how licensing boards are applying the licence review provisions to test purchase failures

Waste not

The Waste (Scotland) Regulations 2012 have amended several key pieces of legislation and will be of importance to local authorities, waste producers and all other interested parties

Scottish Solicitors' Discipline Tribunal

Reports of cases relating to John Gerard O'Donnell; James Brophy; Mark Victor Michie; Kevin Wallace Alexander Davidson

Financial services regulation: the race to reform

Legislation is proceeding to split the Financial Services Authority into two new bodies dealing respectively with large financial institutions, and consumer services. This commentary looks principally at the latter

Leases: where next?

Market changes could mean the demise of the full repairing and insuring commercial lease. This article examines the drivers for change and the direction that might take

A wake-up call?

The news that RBS only intends to appoint panel firms with a legal process outsourcing strategy prompts this contribution, arguing that Scottish law firms need to get up to speed with what is happening in LPO

Law reform roundup

Recent work of the Society's Law Reform Department, including on the Groceries Adjudicator and Financial Services Bills; Tax Law Committee; regulation of healthcare professionals; the McKay Commission

From the Brussels office

Updates on EU matters: citizens' rights consultation; consumer ADR

Update: Registered Paralegal Scheme

The Registered Paralegal Scheme, operated by the Society in collaboration with the Scottish Paralegal Association, will be two years old this August

Business checklist

Bullet-point tips on the tough questions that need to be asked. This month: totems and taboos

Ask the experts

The second of two articles on issues raised with Marsh as brokers for the Master Policy deals with further queries on aspects of practice management

Ask Ash

Advice column: I'm concerned about a colleague who I think may have a problem with alcohol