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 was faulty after purchase and intimated his rejection of the car because of these faults. After the rejection of the car, Mr King continued to
Since the Economic Crime and Corporate Transparency Act became law in October 2023, changes and processes are currently being put in place at Companies House with the first tranche of changes intended to take place as from 4 March 2024. It should be noted that this requires secondary legislation to bring it into force however companies should be aware and ready for any changes required.
This blog is one of a series which will highlight the forthcoming reforms that the new Act will bring into
Are you a property factor? Are you owed over £5,000 in factoring debt from an owner? If so, a petition for sequestration may be a way to recover these debts. Sequestration, otherwise known as bankruptcy, is a means for debt recovery, where the debt is £5,000 or more, and is commonly identified as the process where a debtor is deemed insolvent. Sequestration is often identified as the most drastic form of debt recovery that a creditor may wish to take against a debtor.
If an
On 26 October 2023, the Economic Crime and Corporate Transparency Act received Royal Assent. The Act has been put in place to tackle money laundering in the UK. There are major changes coming to Companies House in terms of the Act, which will change Companies House role from a recipient of information to a more active gatekeeper in the fight against financial crime.
Over the last few months, we have been producing a series of blogs to highlight the forthcoming reforms that the new Act will bring
When a child order, such as a Child Arrangement Order, Special Guardianship Order or a Specific Steps Order, is granted in England or Wales in respect of a child who then moves to, or is relocated within Scotland, how is the order of the English or Welsh Court registered in Scotland?
This is a question which is often asked of our Court of Session Agents. We are experienced in successfully assisting agents from English and Welsh jurisdictions in having orders registered. Our Court of Session
There are many circumstances in which a party may wish for a private limited company to be restored to the Register of Companies (“the Register”). One such example could be where the title to a property is held in the name of a dissolved company and that title requires to be transferred. In that circumstance, the company would require to be restored to the Register before the title could be transferred. Other examples could include where there are other assets which are held by the
![Riley v Student Housing Company [2023]: A decision for Data Controllers?](https://www.tcyoung.co.uk/components/com_rsblog/assets/images/blog/4764.png?nocache=6740703d0cb14)
Introduction
The recent Sheriff Court case of Riley v Student Housing Company provides helpful clarification on data controller requirements in terms of GDPR regulations.
Background
The 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 during the course of his employment.
The tribunal decision in favour of Mr Adamson was widely reported in the media. The Sun newspaper personally named the Pursuer within their
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 in Edinburgh against the motorist’s insurer. She instructed an English firm of solicitors to represent her, who in turn instructed a Scottish firm to assist as local agents.
At the time of issuing this blog, the Economic Crime and Corporate Transparency Bill is still progressing its way through Parliament and is currently at the 3rd reading in the House of Lords.
To reiterate information from our earlier blog on this subject (which can be found here - Companies House Reforms - Verification of Directors and PSCs), this Bill has been proposed to tackle money laundering in the UK, which is costing more than £100 billion each year. There are major changes coming
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
The Economic Crime and Corporate Transparency Bill is progressing its way through Parliament and is at the report stage in the House of Lords. This Bill has been proposed to tackle money laundering in the UK, which is costing more than £100 billion each year. There are major changes coming to Companies House in terms of the Bill, which will change Companies House role from a recipient of information to a more active gatekeeper in the fight against financial crime.
The changes will affect all UK
Endeavour clauses are a common feature in commercial contracts and rather than impose an absolute obligation to achieve a desired result or outcome, they require a party to ‘endeavour’ to achieve it.
Common examples include:
“The sales agents shall use best endeavours to promote, market and sell the product.”
“X shall use all reasonable endeavours to obtain planning permission.”
“Y shall use reasonable endeavours to secure a waiver of the restrictive covenants from Z.”
These clauses are particularly helpful when performance is outwith the party’s
Limitation of liability clauses are often found in the standard terms of supply contracts, and commonly provide that, should an issue arise, the liability of the supplier is limited to the contract price or some other fixed sum.
The recent case of Benkert UK Limited v Paint Dispensing Limited [2022] CSOH 17 provides a helpful illustration and summary of how the courts will determine the enforceability of such a clause, if challenged.
Background
A fire broke out at Benkert’s factory, causing losses of £29.6 million.
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 order being granted against you without you being informed that such an order has been asked for, and for you to be given a chance to be heard or represented
On 20 August 2021, China passed the Personal Information Protection Law (PIPL). The new PIPL came into force on 01 November 2021 and has been described as one of the strictest data privacy laws in the world. While there are various requirements under the new PIPL, many articles are modelled on similar concepts as the GDPR.
Like the GDPR, the purpose of the PIPL is to “protect the rights and interests of individuals”, “regulate personal information processing activities”, and “facilitate reasonable use of personal information”.
What are the letterhead requirements for companies and charities? Could you as an individual and/or the company/charity face 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 certificate of incorporation) in all its business letters, order forms and websites, whether in hard copy or electronic, including:
The key difference is that a wayleave does not have to comply with any strict rules of creation. Wayleaves provide rights similar to those found in servitudes but can be created without the need to identify a benefited property. Wayleaves are binding for a specified period and against successors in title rather than being personal to a grantor.
A servitude is a real right which attaches to land and is independent of ownership. It can only be created over
Are you a property owner whose title deeds contain conditions which are out-of-date or unclear or in some way now proving to be unduly onerous or prohibitive to the use and enjoyment of your property? Are you looking for ways to have your title conditions varied or even discharged?
It is possible to vary and/or discharge many conditions which appear in title deeds and there are a number of ways in which this can be achieved. Two practical courses of action are open to owners
Have you possessed land for which you have registered a deed - openly, peacefully and without judicial interruption? If yes, you may have obtained good title to it.
The law, or prescription, operating for sasine titles has remained unchanged since the introduction of the Prescription and Limitations (Scotland) Act 1973 in that where a title includes a description of land 'habile' to include it is possible to gain rights over that land over a passage of time. This principle is referred to as prescription.
Having dealt with a number of queries involving balcony repairs in both tenements and flatted dwelling house complexes, it is useful to learn lessons from the experience of others. The recurring question of ownership was highlighted in a recent case, Speirs Gumley Property Management v- Lafferty.
Factors for a development in Paisley carried out 'necessary repairs' to individual balconies affixed and forming part of a building they managed. The factors billed everyone treating such repairs as 'common repairs'. The Deed of Conditions which appeared
