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Consumer Protection Regulations: Seller Beware?

June 24, 2014 | Christine |

Consumer Protection Regulation

Buying and selling property in Scotland has traditionally been based on the premise that you should “let the buyer beware” – caveat emptor – with the onus being on the purchaser to satisfy themselves on the condition of a property. This central tenet of residential property law has been dealt something of a blow recently, … Read More >>

Changes to flexible working requests

June 18, 2014 | Marianne |

Changes to flexible working requests

Following on from my previous blog on the subject of flexible working requests, changes to request flexible working requests come into place on the 30 June 2014. When they took office, the Coalition Government made it part of their agenda to introduce flexible working for all employees. What are these changes and how might they affect … Read More >>

Holiday Pay and Commission: are you getting it right?

June 12, 2014 | Marianne |

Holiday pay and commission

The recent European Court Justice (ECJ) decision made a number of employers sit up and take notice due to the way in which the ECJ dealt with the calculation of holiday pay and commission. Are you getting it right? Employers will know that the Working Time Regulations (WTR) state that all workers receive 5.6 weeks … Read More >>

Scottish Care in the Community to lose NHS funding

June 4, 2014 | Isabel |

Scottish Care in the Community

From April 2015, Scottish care in the community will lose full NHS funding. Patients with complicated long-term healthcare problems will no longer have access to full NHS funding if they are cared for in the community as opposed to in hospital. Currently, the ‘NHS Continuing Healthcare’ scheme operates so that patients with chronic conditions being … Read More >>

Are actions of Division and Sale fair?

May 23, 2014 | Christine |

Are actions of Division and Sale fair?

So are actions of division and sale fair? If one or more persons have title to a property in Scotland all of them need to consent if there is to be a sale of that property.  If the parties cannot agree on a sale or one or more of them simply “disappears” then Scots law … Read More >>

Could your Power of Attorney be invalid?

May 21, 2014 | Alison H |

Could your Power of Attorney be invalid?

Could your Power of Attorney be invalid? We were recently consulted by two clients wishing to apply for Guardianship of Mrs W, who had lost capacity to act on her own behalf. The application was sent to The Office of the Public Guardian (“OPG”), who advised that they already held a Continuing Power of Attorney for … Read More >>

Power of Attorney: Banking on better service

May 16, 2014 | Alison H |

Power of Attorney

A Power of Attorney is often essential when a loved one loses mental capacity or is vulnerable is some way, as it is often the case that they is no longer able to make his own decisions. This can be a distressing and stressful time for all concerned.  However, if a person has a Power of … Read More >>

Land and Buildings Transaction Tax in Scotland

May 13, 2014 | Christine |

The Land and Buildings Transaction Tax (Scotland) Act 2013 (“LBTT Act”) might not sound exciting, but as the first tax Act to be passed by a Scottish Parliament in over 300 years it is certainly noteworthy for those with an interest in Scottish residential or commercial property. Land and Buildings Transaction Tax (“LBTT”) is one … Read More >>

Bedroom Tax, the final chapter?

May 7, 2014 | Jim |

Bedroom Tax, the final chapter?

April 2013 saw the introduction of changes to housing benefit which were dubbed the “bedroom tax”. Over the course of the last 14 months our blogs have provided information on the introduction of these rules, the challenges to them and the cases which have been decided by tribunals. So is this Bedroom Tax, the final … Read More >>

Dismissing employees: what can we learn from Moyes’s dismissal?

April 24, 2014 | Marianne |

Dismissing employees

Dismissing employees: What can we learn from the very public sacking of Manchester United manager David Moyes?  This has made me think about the manner in which many employers dismiss their staff. Although it can often seem like the best for both parties if the employment relationship can come to an end swiftly, it is … Read More >>