Bullet Point Updates
July 2014 – Finders Keepers…New Code of Practice for Treasure Trove In Scotland
“Finders keepers ...” is a familiar playground incantation. But like many such incantations it is not wholly accurate. This Note, concerning what is called “abandoned” property, is prompted by a new Code of Practice published this month on “Treasure Trove in Scotland”...
June 2014 – “ASBOs” To Be Re-Visited
Introduction The Scottish Government published a consultation document this month concerning “anti-social behaviour orders” (“ASBOs”). As the name suggests an ASBO is an order made by a court to stop someone from behaving in an anti-social way. The main source...
May 2014 – “Legal rights”: where there’s a will there’s not always a way
Introduction and background It is a distinctive feature of Scots law that, on death, a person’s surviving spouse and children have automatic entitlements to a certain cash amount from the deceased’s estate. These entitlements are called “legal rights”. They apply no...
April 2014 – Inheritance Tax (“IHT”) and “mixed marriages”
This Note touches on particular changes to the IHT rules made in the Finance Act 2013 (“FA 2013”) concerning transfers of property between spouses. (References below to “spouses” include civil partners, and references to “marriage” include a civil partnership.) Before...
March 2014 – Care Home prisoners?
When adults with incapacity (e.g. dementia) are looked after in a Care Home their freedoms may be curtailed. Under the European Convention on Human Rights everyone has the right to “liberty and security”. So, a specific question arises as to whether an adult’s being...
February 2014 – Good neighbours & high hedges
Something was said about high hedges making good neighbours in our BPU for November 2013: http://www.mitchells-roberton.co.uk/bullet-point-updates/november-but-here-there-are-no-cows-or-good-news-for-hedge-trimmers Something more is said about it here because the High...
January 2014 – Turgid documents – a thing of the past?
Last month saw the publication of a new book for lawyers entitled Drafting Trusts and Will Trusts in Scotland: A Modern Approach (published by W Green, Edinburgh). This was co-authored by William Grant, one of our Consultants here, and James Kessler QC, a leading...
December 2013 – “Start The Conversation” Powers of Attorney Solicitors’ duties
Christmas is hailed as a family time. Advertisers are tuned into this. In its Christmas advertising campaign this year Tesco aimed at portraying the reality of Christmas for families, rather than a “perfect airbrushed one”. It focused on one family, using cinefilm and...
November 2013 – Private schools and “public benefit” The Scottish Charity Regulator’s stance
Charities in Scotland are regulated by the Office of the Scottish Charity Regulator - known as “OSCR” for short. OSCR was a body created by the Charities and Trustee Investment (Scotland) Act 2005 (“the 2005 Act”). So it is relatively new. One of OSCR’s...
October 2013 – Landlords – take care! Tenancy Deposit Scheme Regulations have teeth
Landlords – take care! & Tenants – know your rights! Tenancy Deposit Scheme Regulations have teeth The Court Department here has recently acted on behalf of a tenant in a case where the landlord had not complied with their duties under the Tenancy Deposit Scheme...
September 2013 – Liquor training courses The Personal Licence (Training)(Scotland) Regulations 2013 (“the 2013 Regulations”)
The Licensing (Scotland) Act 2005 makes provision for the issue of “personal licences” to individuals so that they are permitted to supervise or authorise the sale of alcohol. The 2013 Regulations make new provision about the training that has to be undertaken by...
August 2013 – Too much information? – Tenant Information Packs
Most private sector residential tenancies these days are either “short assured” tenancies or “assured” tenancies”. This Note concerns (only) such tenancies. Sometimes these days one can feel in a permanent state of “information-overload”. New Regulations - The Tenant...
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