Nov 7, 2023 | Bullet Point Update
A recent case in the Supreme Court (McCulloch v Forth Valley Health Board, 2023 S.L.T. 72 (“McCulloch”)) has clarified the legal test to be applied to a doctor’s advisory role in telling a patient about treatment options. The “professional practice test” The legal...
Aug 4, 2023 | Bullet Point Update
What is a “continuing power of attorney”? A continuing power of attorney is a legal document which an adult may create, while mentally able to do so, to give someone else the power to manage their property and financial affairs should they no longer have the capacity...
Mar 14, 2023 | Bullet Point Update
The Charities and Trustee Investment (Scotland) Act 2005 The main legislation governing charities in Scotland is the Charities and Trustee Investment (Scotland) Act 2005 (“the 2005 Act”). In particular, the 2005 Act established the “Office of the Scottish Charity...
Jan 24, 2023 | Bullet Point Update
A headline in the Sunday Times on 15 January was: “Emission zone is ‘final nail in coffin’”. This related to Glasgow’s low emission zone scheme (“LEZ”) which will be fully operational from 1 June. The article went on to quote Thomas Kerr, a Scottish Conservative...
Dec 8, 2022 | Bullet Point Update
The snappily-titled Social Security (Scotland) Act 2018 (Winter Heating Assistance)(Consequential Modifications) Order 2022 came into force last month. Topical though it may be with its indirect evocation of cold weather this note says little about it. But it...
Dec 7, 2022 | Bullet Point Update
For cohabiting couples there are rules about what financial claims may be made when cohabitation comes to an end. These rules have been subject to some criticism and have been under review for some time culminating in a Scottish Law Commission Report...