Blog

  • Recovering Possession when Private Tenants Abandon a Property

    How does a landlord recover possession of a property which has been abandoned by a private tenant? The options available depend on the type of tenancy in place. Assured or short assured tenancies Most private residential tenancies beginning before 1 December 2017 are either an assured tenancy or a short assured tenancy.  No specific legislation actually addresses abandonment ...
  • Changes to the Land and Buildings Transaction Tax (LBTT)

    With effect from the 25 January 2019 certain changes in the rates and thresholds of LBTT took place. These apply to: Transactions where Additional Dwelling Supplement (ADS) is payable Non residential property transactions where a lump sum changes hands ( e.g. a purchase or a lease of commercial property where a premium is paid) If missives were concluded ...
  • Just a lawyer? No a Secret Agent too

    It is probably not known to many people, but I am a secret agent. Certainly Miss Money Penny appreciated James Bond 007, but as a lawyer being a secret agent is much less glamorous. I say secret, because the public do not always appreciate that the relationship is one of agency. The old fashioned name for ...
  • Claim for Surrogacy Costs in case of XX v Whittington Hospital NHS Trust

    The Court of Appeal’s decision in the recent case of XX v Whittington Hospital NHS Trust has very interesting implications. In this particular case the applicant when 29 years old was diagnosed with stage 11B cervical cancer. She underwent smear tests in 2008 and 2012 and had biopsies taken in 2012 and 2013. The trust admitted ...
  • Consultation on Fairer Succession Law Opens

    On the 17 February 2019 the Scottish Government launched a public consultation to ascertain how the law of succession could better reflect 21st Century Scotland. The public’s view on the following main two points is being sought: How an intestate estate should be split when there are both a surviving spouse/civil partner and children left  and What rights ...
  • Be warned of an Over Reliance on Inheritance Expectations

    A report by Sanlam UK (https://www.sanlam.co.uk/Insights/Recent-News/Millennials-inherit-1-2-trillion.aspx) carried out recently found that 11 million people aged between 25-45 in the UK expect to receive some sort of inheritance from their parents or grandparents with nearly half, 5.1 million, expecting to inherit at least £50,000 in fixed assets or money. According to the report four out of five ...
  • Please Mind the Gap

    The first round of gender pay gap reporting was certainly big news in 2018. Last year in line with the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017, over 10,500 companies reported their gender pay gap figures. By the deadline of 4 April 2018 just over 94% of companies had reported. According to an article ...
  • My Traineeship Survival Kit

    I am now a quarter of my way through my traineeship with Mitchells Roberton and I have survived! My first six months have been spent in the Residential Conveyancing  Department and I am moving on now to working in the Private Client Department and looking forward to this new challenge. When I started I really ...
  • Advance Directives and Dying Matters

    I recently had a discussion with a client and the subject of advance directives (sometimes known as  living wills) arose. It is a sad matter to talk about, but the fact is, in life some people do become incapacitated either physically, mentally or both. A person may suffer from extreme dementia and have no idea what ...
  • Rear-End Collisions. Who is to blame?

    I have always understood that if a driver bumps into the car in front, the driver of the rear vehicle is 100% at fault. However, a recent Scottish case heard in the All-Scotland Personal Injury Court, has turned this general assumption on its head. The case is Leslie O’Donnell v Lisa Smith. Lisa Smith was driving ...

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