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

The Simple Procedure Rules were introduced on 28^th November 2016. Since that date, all debt recovery actions for payment of money for sums of £5,000 or less were required to be raised via a court process known as “Simple Procedure”. Where the claim seeks certain other Orders, for example, repossession of a property which includes payment of money, £5,000 or less, Simple Procedure is not the appropriate procedure.

Simple Procedure is designed as a means of allowing the Court to determine cases quickly and

There is no doubt that the Covid-19 pandemic has radically changed the work place for all. I began my traineeship with TC Young in the midst of the pandemic on 09 November 2020. While we can now begin to see the light at the end of the tunnel, I think it is safe to say that my training experience together with all those young lawyers embarking on their legal career in 2020 will be unlike any other.

So, how does my experience differ to that

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.

Let’s pause and think about the menopause.

As with many subjects which at one point seemed too “taboo” to discuss in the workplace, the menopause, and its symptoms, have started to shift the conversation in workplaces across the country.

Managing the effects of the menopause at work is essential for both employers and their staff. Menopausal women are the fastest growing demographic in the workplace. However those going through it often feel as though they must do so quietly and behind closed doors. This piece

The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 have been published and come into force on 29th March 2022.

These regulations will bring an end to extended notice periods on 30th March 2022.

What does this mean for particular tenancies?

Private Residential Tenancies

The notice period will revert back to either 28 or 84 days depending on either the duration of the tenant’s occupation or the ground relied upon.

Assured and Short Assured Tenancies

The notice period for service of the AT6 will

The Scottish Government announced its roadmap out of Covid restrictions on Tuesday. Hot on the heels of this was the publication of legislation ending the extended notice periods for certain grounds for recovery of possession for social tenancies yesterday.

The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022

These Regulations come in to force on 29^th March 2022 and will effectively bring an end to the extension of the notice period applicable for certain notices/grounds for recovery of possession on 30^th March

Did you know that the law in Scotland provides that you cannot entirely disinherit your spouse, civil partner or child even if you do not include them in your Will? This is because we have what are known as legal rights.

What are legal rights?

Under Scots law, certain family members are entitled to legal rights when a person dies testate (with a Will) or intestate (without a Will). A surviving spouse, civil partner and children (including adopted children) can make a claim against your

It is not commonly known that in Scotland a clause can be inserted into a Will appointing a guardian to children who may be under 16 at the time of the parent’s death. 

Here are the important points to note:

• The guardian becomes a substitute for a deceased parent.
• The guardian acquires parental rights and responsibilities that take effect as soon as the parent dies.
• The guardian must be 16 years or older.
• More than one guardian may be appointed.
• The appointment is effective only

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

Following the first lockdown the property market in Scotland has exploded. There is such high demand for properties it’s no wonder the most recent statistics* are showing an average annual increase in value of over 11% for residential properties in Scotland.  Currently the average price of a property in Scotland is £182,755, said to be “one of the highest reported for any month since the index started in 2004.”* Whether owners had more time during lockdown to finish DIY projects, to get their property sale

The vast majority of tenancies offered by Registered Social Landlords in Scotland are Scottish Secure Tenancies (SST). However, in some specific circumstances, landlords are able to offer tenants Short Scottish Secure Tenancies (SSST) instead. A SSST is a tenancy that lasts for a specified period of time (not less than six months) and can be terminated in certain circumstances upon reaching its end date. Tenants with SSSTs have fewer rights than those with SSTs and have less security of tenure.

Landlords can offer SSSTs to

As of the 1^st January 2022, the public procurement thresholds have changed in Scotland.

These thresholds were previously set at an EU level. However, as a result of the UK leaving the European Union, the Scottish government must now revise the threshold values of the procurement regulations every two years to ensure that they are aligned with the thresholds set out in the World Trade Organisation’s Government Procurement Agreement (“GPA”).

One key difference under the rules of the GPA is that the procurement thresholds

Quite often family members can be left disappointed with the terms of a Will. They may feel they have been unfairly left out of the Will or that the deceased wishes are not correctly set out in the will perhaps even because of the influence of someone else.

There are certain circumstances in which the courts can be asked to reduce (cancel) a Will.

Incapacity

A person signing a Will must be capable of understanding that Will. If they lack the capacity to do so,

The Scottish Government has introduced new rules for fire and smoke alarms across homes in Scotland. From February 2022, every home in Scotland must have:

• A smoke alarm in the living room or most commonly used room
• A smoke alarm in circulation spaces such as hallways or landings
• A heat alarm in every kitchen

All alarms need to be mounted on the ceiling and interlinked. They can either be sealed battery alarms or mains wired alarms.

You will also require a carbon monoxide alarm where

Following the Grenfell disaster in 2017, the Scottish Government has introduced new rules for fire and smoke alarms in homes across Scotland. Originally intended to be introduced in February 2021, these rules are to come into force in February 2022 and will apply to every home in Scotland.

The rules

From February 2022, every home in Scotland must have:

• A smoke alarm in the living room or most commonly used room
• A smoke alarm in circulation spaces such as hallways or landings
• A heat alarm

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”.

An announcement was made on 1 October 2021 that child witnesses in criminal court cases would be able to give evidence in pre-recorded interviews, under a new scheme announced by the Scottish Government.  In criminal cases the intention is that Police Officers and Social Workers will be able at an early stage to interview children involved in criminal trials at the High Court, to reduce distress in court when recounting experiences.

The Justice Secretary commented that the aim is to gather “the child’s best evidence

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:-

1. Forget about “common law spouses”

 There is no such thing in Scotland as “common law marriage” and it should not be assumed that cohabitees have the