Debt recovery Scotland – have you considered bank arrestment?
Debt recovery legislation in Scotland ensures that where an order for payment has been made by the Court in a small claims action (or any other payment action), a Pursuer can recover the sums owed via an arrestment if a Defender refuses to pay sums due. What is an arrestment? An action allowing a Pursuer
Building Contracts – the importance of signing a contract
We are regularly consulted when there is a dispute regarding building contracts. In order to advise the client, we ask to see the signed contract, only to find that the contract was never actually executed (signed) by both parties. Sometimes there is a letter confirming acceptance of a tender, but the actual contract terms have
Letting Agents – can your tenant reclaim their fees?
We recently blogged about the Scottish Government’s current consultation on the issue of letting agents charging premiums and possible amendments to the definition of a premium. Since then, Shelter has launched a much publicised campaign encouraging tenants to “reclaim your fees”. Shelter wants the Scottish Government to clarify the legislation to make it clear to
Employment Tribunal Procedure – what happens on the day?
Employment tribunal procedure is designed to deal with claims brought against employers by employees, which has not been resolved by other means. Many employment rights are contained in legislation and the majority of these rights can only be enforced by Employment Tribunals. Tribunals also have jurisdiction to consider some contractual claims arising from contracts of
RSLs and Lenders’ Requirements – Obtaining Consent ….
Are lenders becoming more difficult with RSL’s about seemingly routine property matters? In recent times, it has seemed to me that the answer is “yes”. I often advise clients on the following matters:- – the grant of leases of office premises ; – the preparation of Deeds of Conditions for new affordable housing developments; – the
Edinburgh City Council Suspend Statutory Notices – what happens now?
Concerns over tendering for work under the City of Edinburgh Council Statutory Notice Scheme has resulted in an independent investigation being carried out by Deloitte. Until the investigation is complete all non-emergency statutory repair work has been cancelled. Only emergency work, or work which has already started, will be dealt with. You can check the
Custodial & Non-Custodial Parents: When does financial support end?
At exam time I am regularly asked “When does financial support end”, by both custodial and non-custodial parents. And exam time is again upon us…. tense teenagers and anxious parents thinking about important qualifications – a subject that is close to my heart because as I write this, my eldest son is studying for his
Letterhead Requirements for Companies and Charities
Is your letterhead correct? Could you as an individual and/or the company/charity be facing possible prosecution and a fine of up to £1,000 with further fines of £100 per day being imposed? Under the Companies Act 2006, a company registered with Companies House must include their company’s registered name (as it appears on the company’s
Wills, Divorce and Separation in Scotland – Think Ahead!
When a relationship breaks down the focus is usually on immediate worries, such as the arrangements for the children, the household bills and the family home. Although it is necessary to get advice about such matters, it is equally important to think not just about the past, the present and the immediate future, but also
Legal Status and the Recruitment of Volunteers
We are often asked by charities about the legal status of volunteers and how they should be recruited. It’s increasingly common for school leavers and the unemployed to undertake volunteering to boost their CVs. Although volunteers aren’t covered by discrimination legislation it’s sensible to adopt the same recruitment practices as paid employees, including a robust
