Cover of The Journal Vol.51 Iss.12, Dec 2006

the magazine : Dec 2006

Summaries of articles from this issue are shown below. Click on the title to read an article. If cover image is displayed, click it to view page layout and graphics. To search back issues, select “library”.

Features

Fixed payments: a real impact?

Research into the legal aid fixed payment scheme for summary criminal cases reveals some unexpected effects on firms' incomes and the overall legal aid bill

Training: the bigger picture

A survey of the requirements for qualification as a solicitor in some other jurisdictions, as the Society consults on the future for Scotland

Contact breakers

Roger Mackenzie surveys family lawyers' views on how to enforce contact orders; John Fotheringham highlights a provision that may help to win some financial support

Abuse in the system

The experience of the Glasgow pilot domestic abuse court in its first two years, and its prospects for reducing the risk of offending behaviour

Stirring up interest

A Scotish Law Commissioner explains the recently published proposals to reform the law on rights to interest


Articles

The end of the beginning

President's message: As work on the Legal Profession Bill enters a new phase, sellers' surveys and developments in England & Wales have also been engaging the Society

Public appointment: public interest

Opinion that it is time to split the Lord Advocate's roles of government adviser and head of the prosecution service, and reform the method of appointment

Twin-tracking law reform

The most significant features of the Queen's Speech as affecting Scots law, and the Society's position on the bills in question

Hung out to dry

Money laundering problems frequently raised with the Society, and software systems available to help with money laundering checks

Fraud: the client's perspective

In his second article on fraud and fraud prevention, the author offers some dos and don'ts as the first steps when suspicions of fraud begin to emerge

The proof is in the podding

An introduction to podcasting and what it could do for the legal profession

How did you do?

A review of how practices might have improved their risk management in 2006

Old friends revisited

Latest criminal cases, including Crown appeals; deforcement of messengers; jury seclusion; insanity; corroboration; alternative charges; fairness

A reprieve for landlords?

Beleaguered landlords have some cause to cheer at least in relation to grazing leases, following recent court decisions

Smell of success

The decision in L'Oreal SA v Bellure NV strengthens the hand of brand owners against attempts to market copycat products

There's no case like Rome

The government's decision to opt out of Rome III has spared family lawyers a few headaches

Hurt in the pocket

Those who negligently cause sporting injuries could find themselves paying out to more than just their opponent

Flotation and the trustee

Some guidance for advisers of trustee shareholders on the status of shares allocated in the Standard Life demutualisation this year

Scottish Solicitors' Discipline Tribunal

Reports relating to Alexander Muir; Deryck de Maine Beaumont; Norman James Cowie

Website reviews

Reviews of the Scottish Solicitors' Discipline Tribunal website and others relevant to solicitors facing investigatory action

Book reviews

Reviews of Family Law Reform (Thomson); The Family Law (Scotland) Act 2006 (Norrie); Family Law Essentials (Norrie)

Risk and the in-house lawyer

The complexity of regulation in the modern world means that in-house lawyers are increasingly assuming a broader role as risk managers

The CML Handbook revised

Revisions to part 1 of the CML Handbook make important changes to bring the instructions up to date and prepare for automated registration of title

Ten things you should know about SDLT

Make sure you know how to get the most from the services now developed following discussions between the Society and HMRC

All change at the Registers

Key changes to land and charge certificates, registration fees and application forms to take effect from 22 January 2007

From the Library>

The name game: rebranding legal firms

"Every firm's name is its brand ... It may be that more should be aiming to be punchier and more easily remembered even where a generic type brand is not possible or appropriate."

The Journal, July 2001

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