The last time the system of land registration in Scotland was fundamentally changed was in 1979. After 1979 title to land would be based on areas plotted on the Ordnance Survey map in the form of a Land Certificate. The Certificate would be issued by the Land Register following completion of a sale transaction and the title would be guaranteed by the Government.
Gradually as properties have been sold over the years many have moved on to the map based system. However, much land and
As university fees increase and part-time jobs become increasingly scarce, students are relying on their parents more than ever to fund their academic studies. But what legal options are available to students who feel they are not receiving the necessary financial support from a parent? Can students sue parents for financial support in Scotland?
Parents have a legal obligation to support a child financially until they are 25 if the child is 'undertaking instruction at an education establishment, or training for employment or for a
Baby it's cold outside! Extreme weather conditions such as those experienced a few years ago, can wreak havoc across the country meaning some workplaces come to a standstill and this can have an adverse effect on both employers and employees. As we creep into winter here are some things to think about.
It is important as an employer that, during any period of adverse weather, you are in control and have an understanding of what you need for your business to continue as normal. It
Should guardianship and mental health laws be abolished? This is the proposal of a committee set up under the UN Convention on the Rights of Persons with Disabilities. The same has also been proposed by the European Union's Fundamental Rights Agency.
I believe these proposals are gravely discriminatory against some of the most vulnerable people in society as some people are unable, with any amount of help, to act and decide validly for themselves.
Without guardianship or similar protections, many vulnerable people can be seriously
There has been much speculation in the media regarding the proposed Immigration Bill, which will include duties to carry out immigration checks by landlords on prospective tenants. Although there were reports that these provisions would be scrapped, Home Secretary Theresa May confirmed her plans to press ahead with these. This is anticipated to become law by 2014 (subject to approval by MPs).
Will carrying out immigration checks by?landlords be necessary?
The Aims of Bill
In a bid to tackle the social and economic problems caused
The Procurement Reform Scotland Bill was introduced in the Scottish Parliament on 3 October 2013. Once it becomes law, the Act will exist alongside the current procurement regulations, but will make some fundamental changes in the way public contracts are procured in Scotland.
Some of the main changes are:
Will introducing 'Help to Buy' in Scotland take us down the route of another housing bubble?
The controversy surrounding the Help to Buy Scheme south of the border has not prevented a similar government-backed scheme being introduced in Scotland. The Scottish Government announced investment of £220m over three years to provide financial assistance to eligible homebuyers in what it has described as a "game changing initiative" for the housing industry.
The Help to Buy scheme, which has the support of the Council of Mortgage
Are you up to date with the changes in TUPE regulations? In November 2011, the Department for Business, Skills and Innovation (BIS) published a call for evidence, seeking views on the effectiveness of the current TUPE regulations. This was on the basis that it was thought that the regulations 'gold-plated' the EU Directive.
Following this call for evidence, the Government announced how the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 will change. After deciding not to go ahead with two significant changes it
The 'bedroom tax' remains a topic of intense debate and public interest. Recently we saw the first tribunal decisions relating to bedroom tax appeals by tenants and we have had the astonishing sight of a United Nations "rapporteur" visiting Britain and suggesting that the bedroom tax may breach human rights.
A large protest also took place outside the Liberal Democrat party's Scottish Conference and Baroness Shirley Williams admitted to the conference that this policy was a "mistake".
The tribunal decisions were issued in Kirkcaldy where
What are grandparents rights to see their grandchildren following the breakdown of a relationship. While most parents have parental rights and responsibilities which allows them to seek a court order for contact with their children, what options are available to other family members who feel excluded from a child's life.
Applying for parental rights and responsibilities
Almost anyone can apply for parental rights and responsibilities provided they have an interest in the child's life. In practice they will have to show it will be in
What do you know about procurement regulations and time barred challenges? The case of Nationwide Gritting Services Limited (NGS) against the Scottish Ministers sheds some light on the challenge timescales under procurement regulations, but unfortunately does little to provide comfort to contracting authorities embarking on procurement exercises.
The 2006 regulations outlined that court proceedings for a breach of those regulations must be brought within 3 months from the date when grounds for bringing proceedings first arose. Under the new 2012 regulations, this is now 30
Two tenancy deposit scheme decisions issued by Edinburgh Sheriff Court have given some insight on how the courts are going to treat the sanctions available under the tenancy deposit scheme regulations in Scotland.
In Fraser and Pease v Meehan, the landlord had failed to lodge the deposit with the scheme and provide the prescribed information. He claimed he wasn't aware of the scheme and the duties that came with it, as he lived in Australia.
The Sheriff,
Do you know your rights regarding maternity rights and holidays? I am regularly asked this question by both employees and employers.
Legislation states that all contractual terms (except pay) survive during both ordinary maternity leave (OML) and additional maternity leave (AML). Women are therefore entitled to accrue statutory and contractual leave while on maternity leave.
If they can't take all the leave they're entitled to during a particular year, they can carry it over to the following year. Many employers allow employees to add all
For all of those Registered Social Landlords (RSLs) who provide property management services, the deadline of 1st October 2013 to provide your factored owners with a written statement of service is drawing near.
Many housing associations have been working throughout the summer months preparing their bespoke written statement for issue. However some RSLs are still in a quandary as to whether or not they do indeed provide factoring services, what services they provide and what the costs of that service should be.
We have
Landlords, both private and social, may require access to one of their tenanted properties for a variety of different reasons. So, can landlords force access to a property?
Landlords have a general duty to repair and maintain properties throughout the duration of a tenancy and are legally obliged to comply with gas and electricity safety regulations so access may be necessary on occasion.
A landlord may also wish to carry out a general inspection to ascertain the current condition of the property or may wish
The outbreak of Legionnaires Disease in the Renfrew area, following on from an Edinburgh outbreak in 2012, is a timely reminder to private landlords that they have obligations to carry out legionnaires risk assessments of water systems within their rental properties.
The Health & Safety Executive (HSE) have an Approved Code of Practice and Guidance as regards Legionnaires Disease. The Code can be found here.
The Code confirms that private landlords have a duty to carry out legionnaires risk assessments on water systems in
Large employers such as Sports Direct, McDonalds and even Buckingham Palace have recently been 'exposed' as using zero hours contracts. So what are zero hours contracts?
What are zero hours contracts?
Zero hours contracts are generally contracts of employment between employer and worker with no minimum hours for the worker, and no obligation on the employer to provide any hours. It also means, in theory, that the worker is not obliged to accept the hours which are offered to them.
Workers are entitled to be
Who is eligible for child maintenance payments following separation?
Separation often results in one parent being responsible for the majority of the everyday care of the children. A common result of this is that they also end up being responsible for the everyday costs. Child maintenance is financial support paid by the parent who does not have day-to-day care of the children. It can be paid to the other parent, the child or a grandparent, or other guardian.
Child support payments are usually agreed between
It is, thankfully, relatively unusual for a seller of a property to be faced with a buyer who pulls out of a house sale and refuses to fulfil their obligations under a contract. But it sometimes it does! So what happens when a buyer pulls out of a house sale?
On the rare occasions that this does occur, it has generally been accepted that the seller's best option is to rescind the contract ('missives' as they are known in Scotland) and to claim damages from
On 1 August 2013, the Law Society of Scotland published new guidance on "Vulnerable Clients". This guide looks at situations where a solicitor's client may have impaired mental capacity or is vulnerable to being bullied into doing something. A second set of guidance covers the risks relating to granting a Power of Attorney.
New guidance was recommended by the Mental Welfare Commission for Scotland (MWC) in a report published in 2012. This followed an investigation into the case of Mr and Mrs D, a couple
