Family, Finances and the Law: Lessons from Russell v Russell
Jonathan Russel (As Executor of the Late Stuart Russell) & Irene Russell -v- Rebecca Russell (As Executrix of the Late Simon Russell) [2025] SC GLA 19 The recent Sheriff Court decision in the case of Russell & Russell -v- Russell provides a concise outline of the Scots Law position on the presumption against gift and […]
Neil Matheson Crowned Associate of The Year
TC Young are delighted to Announce that Neil Matheson was awarded Associate of the Year at the inaugural Scottish Professional Awards on Friday evening. These awards shine a spotlight on the Professional and Business Services (PBS) sector which covers a range of diverse knowledge-intensive industries which provide specialised support to businesses. Senior Associate within TC […]
Can I keep driving my car after rejecting it under the Consumer Rights Act 2015?
Can I keep driving my car after rejecting it under the Consumer Rights Act 2015? This was the issue facing the court in a recent in a recent case we were instructed to act on behalf of the successful appellant – Alan King v Black Horse Limited [2024] CSIH 3. Found here. Mr King had claimed his car […]
Riley v Student Housing Company [2023]: A decision for Data Controllers?
Introduction The recent Sheriff Court case of Riley v Student Housing Company provides helpful clarification on data controller requirements in terms of GDPR regulations. BackgroundThe Pursuer was a former employee of the Defender. Another employee, Mr Adamson raised employment tribunal proceedings against the Defender. Mr Adamson made allegations that the Pursuer had verbally abused him […]
English Solicitors instructed in Scottish Court Proceedings. Are the expenses recoverable?
This is the question that faced judges in the Inner House of the Court of Session recently in the case of Kirkwood v Thelem Assurance [2023] CSIH 30. Dr Kirkwood had been injured by a motorist while she was on Holiday in France in 2015. She raised an action for compensation in the Court of Session […]
Moveable Transactions (Scotland) Bill
Scots Law has always had problems in providing creditors with fixed security (i.e. a security ranking prior to all other claims) over assets other than land. Examples include: That is because: a) Physical assets can only be secured if they are in the creditor’s possession which is impractical if the debtor requires to use them as […]
Earnings Arrestment – What Can You Recover?
We are often asked by clients for advice on debt recovery. Obtaining a Payment Decree from the Court (or Order for Payment from the First-tier Tribunal Housing and Property Chamber) might be the first step. Once a Decree is granted, it is a matter for the creditor to pursue the debtor until money is actually […]
Sequestration Limits Lowered to £5,000
On 30 September 2022, the limit for pursuing sequestration was lowered from a minimum balance outstanding to the creditor(s) pursuing sequestration of £10,000 to £5,000. As a result of the Covid-19 pandemic, the limit was originally increased to £10,000 to support those suffering financial hardship. A reduction in the limit for sequestration means that creditors […]
What is a Caveat and Do I Need One?
A Caveat is a document that a private individual or company can lodge at any Sheriff Court in Scotland and at the Court of Session to provide you with the advantage of a pre-warning that certain types of court orders are being sought against you. The Caveat will have the effect of preventing an interim […]
Clancy Docwra v E.On Energy Solutions – The Need for Consistency in Contracts
The recent case of Clancy Docwra Ltd v E.On Energy Solutions Ltd has highlighted the need for consistency between a contract and any additional documents appended to it. E.On appointed Clancy Docwra as a sub-contractor to excavate trenches for the installation of an underground district heating network. They had started the works when they encountered adverse ground […]
