Adult Incapacity – can a court intervene in financial affairs?
The Adults with Incapacity (Scotland) Act 2000 authorises a Sheriff to take steps on behalf of a person who has lost capacity to act for himself. The Sheriff must be satisfied that it is appropriate to intervene in the Adult’s affairs in terms of the principals of the Act. Our recent case of JM and
Consumer Credit Regulation – why RSLs can’t ignore changes
In March 2013, HM Treasury published its consultation on transferring consumer credit regulation from the Office of Fair Trading to the Finance Conduct Authority on 1 April 2014 to create a “tougher and more pro-active” regulatory regime. When that happens authorisation, monitoring and supervision is likely to be more rigorous and costly. Fascinating. But what’s
Helping Employers Avoid a Constructive Dismissal Claim
Constructive dismissal has become “sexy” following the highly publicised tribunal decision in the case of Stella English v Amshold Group Limited. Miss English (2010 winner of The Apprentice), brought a claim of constructive dismissal against Lord Sugar’s company stating that she had no choice but to resign as she had no real role at the
Assisted Suicide – an end to postcode lotteries?
End of life decisions may raise questions about assisted suicide. The European Court of Human Rights has held that Switzerland is in breach of the European Convention on Human Rights, as it does not provide sufficient guidelines clarifying when a patient is entitled to ask for, and receive, a lethal prescription. Doctors refused to provide
When is a Hedge a High Hedge? A legal update
Sunlight in Scotland is a rare enough thing and we cherish each moment we can get. If you have a neighbour who does not or cannot keep a boundary hedge under control and at a manageable height, you may be losing out on this precious resource. Disputes over the height of boundary hedges (whether the
Retirement – essential steps for a smooth transition
With the announcement that football management royalty, Sir Alex Ferguson, will be hanging up his gaffer’s hat and settling down to a life of retired bliss, my thoughts turned to the employment aspects of retirement and how an organisation can support an employee during this period. Unless it can be objectively justified by your organisation it
Rent in Advance and the Deposit Dilemma
In the recent English case of Johnson and Ors v Old, Mrs Old paid 6 months rent in advance. Mrs Old subsequently claimed as her defence to repossession proceedings that the advance payment constituted a deposit and should therefore have been paid into a tenancy deposit scheme. The definition of a deposit under English law
Property Factors (Scotland) Act 2011 – Update for RSLs
In line with the requirements of the Property Factors (Scotland) Act, the Private Housing Services Team within the Scottish Government are in the process of contacting all registered factors to remind them that they are required to confirm or update the list of properties which they manage by 30th June 2013. What
Employee shareholder legislation – third time lucky?
Following three re-drafts by the Government, a consensus was reached on employee shareholder legislation. Last week the House of Lords and the Government agreed on wording of the Growth and Infrastructure Bill which introduced a new employment status – employee shareholder. First proposed by the Chancellor George Osborne at the Conservative Party Conference last October,
Challenging procurement process and the public interest
The procurement regulations provide that, where a legal challenge based on a breach of the procurement regulations has been raised following the completion of a tender process, the public body procuring the contract is prohibited from entering into the contract with the successful bidder until the legal proceedings are resolved, or the court grants an
