A new servitude? The servitude of parking…

September 12, 2017 | Christine |


Some years ago the House of Lords decided in a case Moncrieff -v- Jamieson that parking could be implied as a right running alongside a servitude right of way.  Given this acceptance that parking could be an adjunct to a servitude right of way that seemed to lead on to the possibility that parking could … Read More >>

Re-introduction of Pursuers’ offers in Scotland

September 11, 2017 | Neil Matheson |

Pursuers’ offers in Scotland

In Scotland, if you have raised a court action against another person for recovery of a sum of money then you are known as the “Pursuer” and the person you have taken to court becomes known as the “Defender”.  What does the re-introduction of Pursuers’ offers in Scotland mean for settlements? Defenders in court actions have … Read More >>

The Abolition of Employment Tribunal Fees

September 5, 2017 | John Norrie |

Abolition of Employment Tribunal Fees

Following the abolition of employment tribunal fees, many questions remain.  We will aim to clarify the situation as it currently stands. When were tribunal fees abolished? They were abolished on 26 July 2017, following a ruling by the Supreme Court that they were unlawful. I have already paid tribunal fees – can I reclaim them? … Read More >>

Buying from a builder

September 4, 2017 | Katharine Smith |

buying from a builder

Buying from a builder is appealing to home buyers for a number of reasons: Many people like the fact that they will be the first to live in the property Repairs and redecoration costs should be minimal for the first few years Buyers can often select fixtures and fittings to tailor the property finish to their taste New … Read More >>

When is a “holiday let” not a “holiday let”?

September 4, 2017 | Claire Mullen |

holiday let

Holiday lettings sit outwith the standard regulatory framework of the private rented sector. A holiday let is excluded from constituting assured tenancies and will be excluded from the new Private Residential Tenancy when it takes effect in December 2017. There is no requirement for such landlords to register or pay over a deposit to a … Read More >>

Do you know your Knotweed?

August 29, 2017 | Christine |


In Scotland having Japanese knotweed growing on land belonging to you is not of itself against the law.  That said, there is now legislation regarding the spread of Japanese knotweed and requirements on a heritable proprietor not to allow this non-native species to spread.  Penalties for ignoring such legislation are significant with fines running into … Read More >>

Is Self Directed Support in Scotland working?

August 25, 2017 | Lynne Lind |

Self Directed Support in Scotland

As reported by BBC News , Audit Scotland issued a new report  on the implementation of Self Directed Support in Scotland. Self Directed Support (SDS) has been available since 2014.  It was introduced to offer people more choice on how their support is delivered and managed. There are four options available: You receive the money to … Read More >>

Windows and Skylights – What is part of a roof?

August 23, 2017 | Christine |

What is part of a roof

Are Velux windows and skylights part of a roof?  We explore the interesting case of Waelde -v- Ulloa and ask the question – what is part of a roof? The Background A single dwellinghouse in Edinburgh had been converted into three flats – top, middle and bottom.   The skylight and velux windows which had later … Read More >>

Texting your Will instructions. Is this a good idea?

August 7, 2017 | Ross Wallace |

An article from The Telegraph details plans to revolutionise the ‘outdated’ system for having a Will made and suggests allowing new ways to provide Will instructions for your death such as notes, voicemail’s, emails and texts. The current system A valid Will is signed on all pages by the testator (the person who’s Will it is) … Read More >>