The Sheriff Court Rules state that at any stage of a family action, the Sheriff may appoint a Child Welfare Reporter to (a) seek the views of the child and report any views expressed by the child to the court; or (b) undertake enquiries and report to the court.
If you are involved in a court action in which a Child Welfare Reporter is appointed, the Reporter will probably want meet with you and your ex-partner, and with the child(ren). Sometimes the Reporter will go
More than three million couples in the UK live together. For any number of reasons, many do not intend to marry. However, this means if they split up, their rights are limited. If you are considering moving in with your partner, or are already living with a partner but are unmarried, here are some essential points to note:-
There is no such thing in Scotland as “common law marriage” and it should not be assumed that cohabitees have the
Pre-nuptial agreements (or more commonly referred to as a ‘pre-nups’) have become more popular over the years. They are no longer considered to be documents used by only the wealthy or by celebrity couples. More people now are looking to regulate their financial affairs before entering into marriage.
A pre-nuptial agreement is signed before marriage and enables a couple to decide how they wish their assets to be divided should they later decide to separate or divorce. Although it may not be considered the most
The Department for Business, Energy and Industrial Strategy (BEIS) will shortly be publishing its consultation on extending the right to request flexible working to all employees, removing the current requirement for 26 weeks' service before doing so.
This proposal was part of the Conservative party's 2019 manifesto but the introduction of the "day one" right was delayed due to the COVID-19 pandemic. If introduced it will allow employees to request flexibility from the outset of their employment, which will assist many more employees to better
The Herald reported earlier this month that domestic abuse charges reported by the police to Scottish prosecutors, which include attempted rape and serious assault, have hit a five year high. Lockdown was described by Scotland’s Law Officer, Advocate Depute Dorothy Bain QC as having a “devastating impact” for domestic abuse victims.
When there is a prosecution for an offence of domestic abuse there are often protective bail conditions put in place. It is important to be aware that there are also a number of remedies
The ongoing COVID-19 pandemic has been a challenge for everyone. However, as lockdowns lift and vaccines begin to take effect, the Scottish Government has begun to walk back some changes in law made to accommodate the impact of the pandemic through the: Coronavirus (Extension and Expiry) (Scotland) Act 2021.
What does the Act Change?
The Act repeals a number of provisions contained in Coronavirus legislation passed in 2020 and, in particular, reverses some of the leniency around FOI compliance.
Under changes to the law made
It was announced last week that New Zealand’s privacy commissioner, John Edwards, has been named as the UK Government’s preferred candidate for the next Information Commissioner.
Why is this significant? Well, the Government has announced that with a new Information Commissioner will come a shake-up of current data rules. On 1st January 2021, the official “transition period” governing the UK’s departure from the EU ended. With the UK set to take more steps to depart from the General Data Protection Regulation (GDPR), Digital Secretary, Oliver
The new Heat Networks (Scotland) Act 2021 (the “Act”) is not without its controversies, with correspondence released under Freedom of Information this summer showing that the Queen had lobbied the Scottish Government in order to seek changes to the Act.
But, what does this legislation mean for RSLs – both those operate heat networks and those who currently have no plans to do so? This blog will give an overview of upcoming changes that RSLs should monitor.
What is a heat network?
Heat networks
Despite curfews and closures, 2020 was a busy year for licensing lawyers due to the ever changing nature of restrictions introduced to combat the Coronavirus pandemic. In February 2021, the Scottish Government withdrew the Licensing Order in relation to short-term lets from the Scottish Parliament to allow guidance to be drafted. That has now been published and the revised Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2021 (‘Licensing Order’) has been open to consultation throughout the summer. The consultation period closed on
A Trust is an unincorporated entity set up to hold property to be used solely for charitable purposes. Just how do you go about establishing a charitable trust?
The main characteristics of a Trust are as follows:
1. It is simple to set up
2. The Trust Deed (which is the governing document of the Trust) will identify the individuals who are the trustees responsible for the control and management of the Trust and its assets. The powers and duties of the Trust are set
You may be excused for thinking that if a public body was holding money on your behalf that they would hand it over without any hassle. Unfortunately, when it comes to the Scottish Courts and Tribunals Service, it is not as straightforward as many would hope. The court, as a public body, have to follow strict procedures to ensure they can legally release money they hold. One important procedure for the court is that they must check there are no taxes due on the funds
As RSLs will be aware, LIBOR will cease to be published from 31 December 2021 and those who have Loan Agreements where the interest rate is, or may be, set by reference to LIBOR will have to decide how the interest they pay on these loans will be calculated when it is no longer available.
Whilst Banks vary with regard to what they will offer, the possible alternatives suggested by the Bank of England are:
On 1 May 2019, the Housing (Scotland) Act 2001 was amended to provide Registered Social Landlords (RSLs) with a mandatory ground of eviction in certain circumstances where a tenant is convicted of a crime.
Section 16 (2)(aa) of the 2001 Act establishes a two-part test for RSLs to have a mandatory ground for eviction:
By now, most Registered Social Landlords (RSLs) in Scotland will have dealt with a Freedom of Information (FOI) request. It may be a more regular occurrence for some RSLs than others. Regardless if you receive one or one hundred FOI requests, each request must be dealt with in accordance with the rules set out in Freedom of Information (Scotland) Act 2002 (FOISA). To assist RSLs in following the correct process, we have created a handy checklist to which you can refer to which provides brief
To help manage the COVID-19 pandemic, the Scottish Parliament passed two Bills in 2020. These became the Coronavirus (Scotland) Act 2020 and the Coronavirus (No.2) (Scotland) Act 2020. We previously blogged about the impact each of these Acts would have on Scottish Residential Tenancies.
On 18th June 2021, the Scottish Parliament introduced a new Bill: The Coronavirus (Extension and Expiry) (Scotland) Bill. If enacted, the legislation will amend the existing Acts, which were due to expire on 30th September 2021. The legislation will
Hearing so many families losing loved ones and the long-term effect Covid-19 has had on their lives is distressing. However, it does highlight the importance of having a Power of Attorney in place. Too often we hear of spouses with separate bank accounts where one of them becomes ill and the other isn’t able to deal with their accounts, their bills, and other important matters at what is already a traumatic time. Alongside the worries of their loved one’s health they now have to worry
Although restrictions have eased there is still a significant impact, which will be felt in the coming weeks and months.
Where someone has been assessed as lacking capacity and has not put in place a Power of Attorney, an application requires to be made to the Court for a guardian to be appointed with legal authority for decision making in respect of the incapax adult’s health, welfare, finances and/or property. This was brought into effect some 20 years ago by the Adults with Incapacity (Scotland)
You have saved up scrupulously for months, found the property of your dreams, and now you have had your offer accepted. You are finally ready to begin moving home and you have instructed your solicitor to arrange the legalities for you.
However, there are many practical aspects to consider when moving to a new property. For example, which items within the home are to be included as part of the sale? What if any of those items are not in working order? Is the home
A Guardianship Order is a court order, which authorises a person to act and make decisions on behalf of an Adult with incapacity. In Scotland, an Adult is a person who is 16 years old and over. The law relating to guardianship is governed by the Adults with Incapacity (Scotland) Act 2000. It is important to seek legal advice prior to making an application for Guardianship to ensure that the appointment will benefit the Adult and that no other means provided for under the Act
Today sees the start of Dementia Awareness week in Scotland which, prior to the pandemic, would have culminated with Alzheimer Scotland’s annual conference. Sadly, the conference will not be taking place again this year due to current restrictions. However, during this time we can all continue to show support and continue to raise awareness for those living with dementia, their carers and families.
Now, possibly more than ever, it is important that those living with dementia and their families know that getting their legal affairs
