Government Publishes Response to Taylor Review
The Scottish Government has recently published its response to Sheriff Principal Taylor’s review on the expenses and funding of litigation, in which it sets out plans to introduce legislation that it says will create an accessible, affordable and equitable civil justice system for Scotland. The Review was commissioned in March 2011 by the then Minister […]
New Bill Proposes Changes to Scots Contract Law
A new Bill to simplify contract law in Scotland has been introduced to the Scottish Parliament. The Legal Writings (Counterparts and Delivery) (Scotland) Bill is based on recommendations contained in a Scottish Law Commission report, and will make two major innovations to Scots law and practice. The Bill will clarify that a document which is […]
Courts Reform Bill Comes Under Parliamentary Scrutiny
The Scottish Government’s Courts Reform (Scotland) Bill has recently been scrutinised by members of the Parliament’s Justice Committee, who have now published a report questioning some of the key provisions of the Bill. In the report, the Committee has said that it welcomes the general principles of the Bill, but is concerned about Government proposals […]
“Bedroom Tax” Legal Challenge
Liberty Granted Permission to Challenge “Bedroom Tax” Over Impact on Separated Families Human rights organisation Liberty has been granted permission to bring a Judicial Review against the Government’s controversial “bedroom tax”, arguing that the policy unfairly affects separated parents with shared custody of their children. The scheme reduces Housing Benefit for claimants deemed to have […]
Housing Bill continues progress through Parliament
The Scottish Government’s Housing (Scotland) Bill has recently been through its Stage 1 debate at the Scottish Parliament. During the debate, Housing Minister Margaret Burgess confirmed that the Government will amend the notice period for Right to Buy from three to two years after the date the Bill receives Royal Assent. The Bill, which was […]
Damages claims by victims of antitrust violations
A proposed Directive that will help individuals and companies claim damages if they are victims of infringements of EU antitrust rules, such as cartels and abuses of dominant market positions, has recently received the backing of the European Parliament. The Directive is based on a proposal by the European Commission and aims to remove a […]
Lease dispute goes initially in favour of M & S
The Court of Session has recently ruled against plans by the Gyle Shopping Centre in Edinburgh to build a Primark Store partly on an existing car park, because Marks & Spencer (M & S), one of the centre’s tenants, has a share in rights to the car park. It is merely the first stage in […]
New building repairs legislation
Proposed measures to assist local authorities in recouping the costs they incur in making defective or dangerous buildings safe have been welcomed by the Scottish Parliament’s Local Government and Regeneration Committee. The measures are the main focus of a Members’ Bill, which was introduced by David Stewart MSP in October 2013. The Defective and Dangerous […]
Rectifying consumer disputes – consultation
Plans to give consumers greater access to redress if something goes wrong with their purchase of goods or services are the subject of a recently launched Government consultation. The consultation sets out the Government’s proposals for an alternative dispute resolution (ADR) scheme to help consumers resolve their complaint without the cost and hassle of going […]
Resolving “high hedge” disputes
Resolving disputes between neighbours over the size of garden hedges should become a bit easier after a new Act comes into effect in April this year. The High Hedges (Scotland) Act 2013 will commence on 1st April, having received royal assent last year. The legislation is intended to provide a solution to problems caused by […]
