Is it possible to have an agreement to agree? From the bus in the morning, to that mid-afternoon pick-me-up coffee, we constantly enter into informal "contracts" or "agreements" with others. These transactions benefit from certainty. Pay £1.80 and you will receive a bus ticket. Simple. But contracts can be much more complex than this.

We still see many formal contracts with startling degrees of informality and uncertainty in the drafting.

The question of how much certainty a contract must have to be enforceable was tackled

In basic terms, 3 parties are involved in collateral warranties:

- A contractor

- A beneficiary (third party)

- An employer

Collateral warranties provide a contractual link between a third party (the beneficiary) and a contractor which has carried out certain works or provided certain services for the employer.

So when is it appropriate to use one?

It is often appropriate to expect collateral warranties when:

• A first purchaser acquires a new build development
• The employer is the developer and sells the completed site to

The Scottish Government has approved its first Tenancy Deposit Scheme! There are now vital dates in place that you really can't ignore. Ministers have announced that the scheme proposed by Letting Protection Scotland has been given the green light to become operational under the Tenancy Deposit Scheme Scotland Regulations 2011, with effect from Monday 2 July 2012.

Meanwhile, two other schemes, namely SafeDeposits Scotland and MyDeposits Scotland, are hoping to be approved and ready to commence on 2^nd July. All being well, landlords will

If you are taking holding deposits and reference fees, is this legal? Letting agents charge a number of different types of fees to tenants, under a variety of names such as:

- 'holding deposits'
- 'reference fees'
- 'administration fees', to name but a few

The current legal position under the Rent (Scotland) Act 1984 is that it is an offence to charge or receive any premium (over and above rent and a security deposit of no more than two months rent) as a condition

Clients often tell us they are reluctant to make an application for guardianship of a vulnerable relative or friend as they have heard the process is expensive and could cost thousands of pounds. In fact, everyone who applies for Welfare or Financial and Welfare Guardianship in Scotland is automatically entitled to Legal Aid from the Scottish Legal Aid Board, regardless of their financial circumstances.

What is Legal Aid?

Legal Aid provides help with the cost of court actions. Usually, a financial assessment is carried out

Child maintenance support changes will come into effect in 2012 which will dramatically alter the way child support is collected. The objective is to give both parents a financial incentive to make voluntary arrangements.

The options are:-

1 A Family Based Arrangement - parents agree the amount and frequency of payments. This can mean alternatives to monetary payments e.g. child care vouchers.

2 A Minute of Agreement in Scotland or a Consent Order in England and Wales. Both reflect that parents have come to a

Landlord Electrical Safety Checks - do you know your legal duties regarding electrical requirements? In the private sector it can be bewildering when it comes to knowing what your legal obligations are when carrying out electrical safety checks on electrical installations and appliances within rented properties.

There are two main legal obligations that a landlord should be aware of.

• Firstly, the Housing (Scotland) Act 2006 sets out the 'repairing standard' which a landlord must ensure their property meets at the start of, and at all

Occupancy Rights and the Matrimonial Home - legal advice following separation.

Many people are concerned about their occupancy rights, i.e. their right to remain in the matrimonial home.

• What legal rights do married people have to remain in their family home?
• Do they have to move out if asked to do so by their spouse?
• What if the property is owned in their spouse's sole name?

Do I have to move out of the property?

Where couples are married, a spouse is under no obligation

Just what are the risks when recruiting via social media? ACAS now estimate that up to 25% of employers use social media as part of their recruitment process to vet job applicants. By taking a closer look at social media as a recruitment tool in general, are you aware of the legal implications for employers?

The massive growth in popularity of social media can't be overstated. It's perhaps not surprising that employers are tempted to view the online profiles of job applicants. There are, however,

In March 2012, the Government announced it was seeking views on whether a system of no fault dismissals for businesses with fewer than 10 employees could work. The Government also announced the publication of a "call for evidence" on whether current dismissal procedures are too complicated and burdensome for employers, and whether the process is in need of a radical makeover.

George Osborne hinted at the introduction of such a system when he addressed the manufacturers' association EEF in March 2012. This could potentially mean,

If you are a Scottish landlord then you should beware of landlord legal advice on the internet. The internet can be a confusing place for landlords - with many unaware of the differences between the Scottish and English legal system. So should you believe internet landlord legal advice?

Scottish landlords can be easily misled by websites targeting English landlords referring to English procedures, which can leave the landlord vulnerable, particularly in the area of eviction. Some of the key differences are set out below.

Scotland

The Scottish Government recently published its Social Care (Self-directed Support) (Scotland) Bill, which aims to make self-directed support in Scotland a mainstream choice for those receiving care in Scotland. The Government has pledged almost £40 million over the next three years to support the rollout of self-directed support throughout Scotland.

What is self-directed support?

Self-directed support is designed to give those who receive care (supported persons) more power to direct their own care and support, to make more informed decisions about their care and to control

When selling a Right to Buy property, you need to check if the cost floor is relevant. Do you know what the cost floor is?

The cost floor is the accumulative total spent for a property during the last ten financial years (from date the application to buy was received).

This spend includes:

• renovation costs (e.g. bathrooms, kitchens)
• improvements (e.g. cladding works)
• even the cost to build the property or acquire it from another owner

It should also be remembered when calculating the relevant cost

If you're living in Scotland and you don't currently have a power of attorney, are you sure that's for the best?

In the absence of a Continuing and Welfare Power of Attorney there is a risk that decisions about your well being and your assets could be taken by people who believe they know what is best for you, but in reality don't!

The Adults With Incapacity (Scotland) Act 2000 requires any named Attorney to act in accordance with the 5 principles of the Act:

Are you aware that the Private Rented Housing (Scotland) Act 2011 is proposing that all landlords will have to provide a tenant information pack in future?

The aim of this Act is to support responsible landlords and address more effectively the problems caused by landlords who act unlawfully, by strengthening the regulation of the private rented sector. One of the proposals within this Act was the introduction of a 'Tenant Information Pack' for all private sector tenants.

The Government have now indicated that they wish

A separation agreement in Scotland is often a useful document as during separation most couples want to initiate some discussion in relation to the division of the marital assets, or have put in writing what has already been agreed between them. Either way, your solicitor is likely to recommend entering into a Separation Agreement. So, what is a Separation Agreement in Scotland and what needs to be agreed before one is entered into?

What is a Separation Agreement?

Sometimes referred to as a 'Minute of

We have published a number of blog articles dealing with the legal consequences of a separation, divorce and child contact matters but you may want to know 'how do I get married in Scotland'

In Scotland, prior to the marriage ceremony, both parties must submit a Marriage Notice form to the registrar of the district where the marriage is to take place. Once the Registrar is satisfied that there are no legal impediments to the marriage (i.e. if someone has been married previously, that a

When recruiting new members of staff it is important for employers to understand which individuals have permission to work in the UK.

Who automatically has the right to work in the UK?

- British citizens (this does NOT include British Dependent Territories citizens and British Overseas citizens)

- Those who have the right of abode in the UK

- Those who have indefinite leave to remain in the UK

- European Economic Area (EEA) nationals & Swiss nationals and their spouses/civil partners

- Commonwealth nationals

Have you considered if it is time to reorganise your charity's constitution? Does your charity's constitution enable the charity trustees to:

- make changes to keep it relevant or,

- whether it is so outdated that the charity can no longer be true to its original spirit.

Charities with an outdated constitution may find that they are unable to make proper use of their charitable funds.

Registered charities must seek the prior consent of OSCR before making the following fundamental changes:-

1. Changing the charity's name

Readers of our blog will recall that the government is currently undertaking a reform of the Employment Tribunal system which will involve looking at workplace mediation as a way to help resolve employee disputes. As part of this process it has been announced that a pilot scheme for two regional mediation networks will be set up in Cambridge and Manchester for small to medium-sized enterprises (SMEs). The pilots will run for 12 months and, if successful, the Government will consider introducing them into other areas