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From the archives - July 2015

Caught by the cartels

Are solicitors paying enough attention to the penal provisions of competition law, as affecting their own businesses?

Refugees: why article 31 matters

Support agencies, along with the prosecution service, are attempting to raise awareness of a defence to certain offences regularly charged against refugees

Virtual victims?

What is the justification for criminalising virtual child pornography? The “indirect harm” approach in the UK is contrasted with the USA's protection of free speech

How much should trainee solicitors be paid?

As the Society runs a survey of views on what trainees should be paid, this blog comments on the wide range of opinions it regularly hears

Reading for pleasure

This month's selection of leisure reading, chosen by the Journal's book review editor

Opinion: Malcolm Combe

Even within their limitations, student law clinics can be developed to play a role in widening access to justice in its broader sense, for example through legal education projects or public interest litigation

Book reviews

Review of The Milosevic Trial – an autopsy (ed Waters)

Profile

This month we spotlight former Council member and current convener of the Criminal Law Committee, Elgin solicitor Ian Cruickshank

President's column

Scotland had a significant presence on the world legal stage this past month, and the Society intends to put more emphasis on members’ potential internationally in its new strategy, soon to be launched

Plans reports: yes or no?

Registers of Scotland page: advice on the new plans reports available under the Land Registration (Scotland) Act 2012, and when one is needed and at what level

Farewell Brussels?

With an in/out EU referendum now in prospect, how would a vote to leave affect legal practice in the UK? The authors suggest that EU law would continue to have a big impact in many key sectors

Mind games

The Scotland Bill devolves much more flexible powers over income tax to the Scottish Parliament, but with them many new complications for taxpayers and their advisers

Justifying discrimination

Analysis of how the UK Supreme Court held the benefits cap compatible with the European Convention on Human Rights, though a majority held it contrary to the UN Convention on the Rights of the Child

Advance to Australia fair

Several dozen Scottish solicitors have found new careers in Australia. Many still value their Scottish qualification. Four of them told the Journal how their lives took such a turn

People on the move

Collected news of new appointments and practice changes

Reason for the rules

Latest civil cases, including small claims; summary causes; interim interdict; competent and omitted; preliminary proof; expert evidence; multiplepoinding; actions for delivery; expenses

Beware the (new) transfer traps

Licensing briefing: amendments to deal with problems in transferring licences were made before the Air Weapons and Licensing (Scotland) Bill finally passed, but they only tackle some of the issues

Pension schemes: the VAT rules change

Tax briefing: CJEU rulings have forced HMRC to revisit its policy about how pension scheme management services are treated for VAT

Tenancies and the Land Reform Bill

Agricultural briefing: an outline of the significant reforms to agricultural holdings proposed in the Land Reform (Scotland) Bill

Scottish Solicitors Discipline Tribunal

Reports of cases relating to Steven Philip Crommie; Ross Alexander Jones; Leslie Wilson Somerville

Are you ready for counterpart signing?

Contracts briefing: Several large Scottish firms have been discussing a possible common practice in operating the new law on execution in counterpart

Chapter and verse

Looking after her organisation’s “mini-legal system”, with its many historical quirks, is part of the unique role of the head of the Church of Scotland’s legal team, our in-house profile

Street Law: a wildfire success

Marking the first year of the Society’s successful schools initiative

Law reform roundup

Recent work of the Society's Law Reform department, including Scotland Bill; early release of prisoners; mental health; compulsory purchase orders; alcohol control

ADR directive affects complaints

From October, clients will have to be given the name of an ADR provider where a firm's complaints procedure has been exhausted

From the Brussels office

A note on the adoption of the Fourth Money Laundering Directive

Transforming perceptions

The final article on recent equality and diversity research within the Scottish legal profession explains the issues facing transgender solicitors

Litigators in a fix?

The Word of Gold: Profitable, fixed-fee litigation? It's not out of court

Unlucky Fridays?

Recent warnings and risk management guidance about "Friday afternoon scams", issued by Master Policy co-insurer, Zurich, to solicitors in England & Wales, are equally relevant in Scotland

Flag up, or keep mum?

Advice column: should I warn my colleague about the person she is going to interview with?

Send in the auditors

Legally IT: A technology audit reveals the capabilities of each person in your team and identifies any proficiency gaps before you start on processes