Cover of The Journal Vol.52 Iss.2, Feb 2007

the magazine : Feb 2007

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

Hearing and answering

Interview with Lord Advocate Elish Angiolini QC, covering changes within the prosecution service and the constitutional position of the Lord Advocate

Court afresh

Sheriff principal's view that structural and not just procedural reform is needed in order to achieve the proper disposal of court business, particularly civil

Clean sheet at the Commercial Court

Feedback from users on a review of practice in the Court of Session Commercial Court, and the next steps

Making a specialism pay

The considerations facing the solicitor planning a career and wondering whether to aim for recognition as a specialist

LCN DNA - devil in the detail

The advances in DNA analysis and the risks arising from the ability to work with minute quantities of DNA


Articles

Speaking of change

President's message: the forthcoming Annual Conference and AGM of the Society both provide opportunities to keep abreast of the many changes facing the profession

Disabled from suing?

Opinion from the Disability Rights Commission that the lack of cases being brought in Scotland under the Disability Discrimination Act is cause for concern

To buy or not to buy?

Some priorities for those who prefer to leave the office computer to someone else, but who think they might need to upgrade

Just a winter warmer?

Problems caused by excessive drinking often come home to roost early in the year, but LawCare's advice is available whether you are worried for yourself or someone else

Views from the new boy

Author, who has joined Marsh after 14 years in private practice as a solicitor, gives his initial take on risk management and its ever increasing importance

Working out time

Latest criminal cases, including time on remand; good character in sentencing; mixed statements; admissibility; self incrimination; jury directions

A claim in trust

A recent Scottish case has had to consider the questions of trust assets as part of matrimonial property, and enforcement of an award against foreign assets

Incapable of dismissal?

An employer's responsibility for an employee's medical condition does not guarantee a good unfair dismissal claim following termination on grounds of capability

Chasing debts made simple?

How the European Payment Order will seek to provide a uniform and simple procedure for cross-border debt recovery

Scottish Solicitors' Discipline Tribunal

Reports relating to Fiona Mary MacLeod; James Joseph McDonagh; Alan Monro Simpson

Website reviews

Sites covering statute law and parliamentary bills

Book reviews

Review of Common Good Law (Ferguson)

FOISA goes to court

The Court of Session has so far backed the Scottish Information Commissioner in every appeal taken from him to the court under the Freedom of Information Act

On the wrong track?

Commercial practice in the context of leases has changed radically in recent times, but case law has failed to keep up

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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