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From the archives - February 2013

A simple guide to arbitration for non-contentious lawyers

It is non-contentious lawyers who help clients to choose the form of proceedings that will govern their disputes, and this article provides some essential information for them

Know your protection

The Domestic Abuse (Scotland) Act made some important changes to protection laws, but many practitioners remain unaware of the reforms made

Rights around corroboration

Survey of the human rights issues raised by the proposed abolition of the corroboration rule

Cadder and common law fairness

Despite the influence of the Cadder decision, there are still situations where common law fairness comes to the aid of the accused

Age-old questions

Co-founder of a website with information for people caring for elderly relatives, offers some prompts on points to check with clients

Master your mail

Advice from LawCare on reducing stress due to email use, as the charity helpline sees an upturn in the overall number of callers seeking help

Reading for pleasure

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

Opinion column: Tim Haddow

The financial barrier now presented by the Diploma prevents fair access to the profession, and solicitors should support a renewed commitment to fair access and reform needed to achieve it

Book reviews

Reviews of Personal Injury Practice in the Sheriff Court (Conway), Knowledge Management Handbook (Russell)


This month’s profile delves into the Council’s many committees and focuses on Graeme McWilliams, vice convener of the Technology Subcommittee

President's column

The fact has to be faced that the Government will only deal with the profession through the Society, and the LANT does not deserve to be pilloried for its actions over the amendment package

Legal aid: another look

The Society is calling for all interested members to contribute to a review of how it should conduct legal aid negotiations in future, in the wake of the controversy over the contributions package

Holding back the state

Interview with Sir David Edward, who believes the Scottish and UK Governments are posing a threat to fundamental values of due process - a reason for supporting a UK Bill of Rights

It's all about cash...

Data on debtors and outlays from the 2012 Cost of Time Survey illustrate the scope for law firms to improve their cash position in the face of fallling profits

Charges changing

A new company charges regime is set to come into effect in April: a single regime across the UK jurisdictions, and one which should make life simpler

Keep CALM and carry on

This year, CALM Scotland achieves 20 years of family law mediation. This feature describes how far it has come, and looks to the next challenge

Getting in quick

Latest criminal cases, including sentencing discounts and uplifts; dock identification; Moorov rule; taking of samples from accused; withdrawal of guilty plea

Views of children

Recent cases concerning the views of children or evidence concerning children, and a report on a study about taking children's views into account

More change. Less law?

What is foreshadowed in the Government's latest statement of new regulations affecting employment law

Forward, though I canna see...

Likely legal developments in 2013 affecting pensions

Scottish Solicitors' Discipline Tribunal

Report relating to Roy William Andrew Miller

Bankers: a breed apart?

Professional standards are coming to the world of banking. Will bankers become more like solicitors?

Ruaig an Fhèidh: 3

Land reform part 3: the Inner House has upheld the ECHR compatibility of the crofting community right to buy, as this review of the decision and its implications explains

The other alternative

Continuing our series on alternatives to alterntive business structures, we wonder why a recent cross-border venture by a Cumbrian practice is the first of its kind

The truth about trainees

An attempt to quash some of the many myths and misunderstandings that persist about the traineeship, and not just among those yet to take it

Risk refresher

How a "back to basics" approach may assist firms in reviewing their risk management systems and procedures

Ask Ash

Advice column: I think I may have been appointed to achieve diversity. I want to prove my worth

Law reform roundup

Recent work of the Law Reform Department, including on the Scottish Civil Justice Council etc Bill; land and buildings transaction tax; landfill tax; post-legislative scrutiny; SEPA funding

Judge's conflict of interest warning

Lord Hodge has asked that publicity be given to a recent opinion dealing with a liquidation, to avoid some of the issues that arose reoccurring

How not to win business: a guide for professionals

First in a slightly tongue-in-cheek new series covers "Talk, don't listen"

From the Brussels office

Recent developments in the EU, including public procurement; victims of crime; recognition of professional qualifications; company law; insolvency; patents; Year of Citizens; environmental

Sent in error

This month's advice from the Society's Professional Practice team deals with emails sent in error to the other side