Airdrie – Cumbernauld – Motherwell – Bellshill – Coatbridge – Wishaw
Hamilton Ross
Solicitors and notaries
Serving Clients in Lanarkshire for over 15 Years.

Hamilton Ross Latest

Latest:

  1. Compensation for Pavement Trips and Silps

    UK councils paid out over £2m in compensation claims to pedestrians who tripped or slipped on pavements in the year to 31st May 2018. The figures provided by 365 of Britain’s 421 local authorities show 10,572 claims were made over the period. Only Shetland Islands Council received no claims. A total of 46 claims were […]

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  2. Physical Punishment or Assaulting a Child? Where Do You Stand?

    Blurred lines separate justifiable physical punishment of a child in their development, and assaulting a child. The Children (Equal Protection from Assault) (Scotland) Bill, introduced to the Scottish Parliament by John Finnie MSP, aims to stop parents ‘smacking’ their children so that there will be no doubt where the line is to be drawn. Mr […]

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  3. Clarification Provided on Appointment of Guardians

    Clarification provided on Appointment of Guardians The decision of the Second Division of the Inner House of the Court of Session in Aberdeen Council Applicant and Respondent V JM Respondent and Appellant [2017] CSIH 65 provides further clarification on the appointment of guardians. The case concerned what procedure would apply in a situation where the […]

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  4. Divorce Tourism

    Could England and Wales become the destination for divorce and financial settlements? As it becomes more commonplace for couples and families to move around, or spend time apart and in different parts of the UK, or indeed the world, during their relationship or after it has broken down, it is not uncommon for the courts […]

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  5. iDivorce

    We live in an era where technology simplifies many of our tedious day to day tasks. With a click of a few buttons we can order groceries online, transfer money, pay bills and catch up on the daily news bulletins. However, our reliance and use of technology may in the near future be pushed beyond […]

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  6. Civil Damages in the case of Rape: A ‘Watershed for Survivors?’

    The recent Goodwillie case (2017 CSOH 5) has been described as a ‘watershed for survivors’ by Rape Crisis Scotland. In the case, Denise Clair was successful in securing civil damages for rape against two Scottish footballers, David Goodwillie and David Robertson. This was the first successful action of this kind since the 1920s. One may […]

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  7. The ‘nuclear family’ and modern society

    I have been asked to write a blog post on an area of law that I am interested in and for this reason I have chosen family law. Family law arguably, is an area of law that effects everyone and has the most social impact. The law has changed in a positive way in recent […]

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  8. Briefing on the Succession (Scotland) Act 2016

    The law of succession relates to what happens to a person’s assets after they die. In Scotland, this law remained generally unchanged for a half-century after the Succession (Scotland) Act 1964. However, following recent pressures to update the law the Scottish Parliament recently passed the Succession (Scotland) Act 2016, with most of its provisions coming […]

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  9. Wills Their Format and Their future

    BBC News recently reported a story from Australia where the Brisbane Supreme Court ruled that a draft and unsent text message on a dead man’s mobile phone could be considered his official will. The deceased man addressed a text message to his brother leaving “all I have” to his brother and nephew, he indicated where […]

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  10. How the Face of Personal Injury Law has changed within The Last Two Years

    The All Scotland Personal Injury Court Since its establishment on 22 September 2015, the All Scotland Personal Injury Court (ASPIC) has changed the way in which personal injury cases are dealt with in Scotland. Previously, the Court of Session would deal with personal injury cases that consisted of claims exceeding £5,000 and the Sheriff Court […]

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  11. Grandparents’ rights . . . not so grand

    Nowadays grandparents can play a significant role in the family unit. They can provide invaluable support to many parents raising children. However, if a change in the family unit occurs it is usually the grandparents who lose out on contact with the children. One common example of when this occurs is after parents separate or […]

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  12. Power of Attorney v Guardianship

    Powers of Attorney v. Guardianship It is often recommend to clients, particularly in later life, that they obtain a Power of Attorney to help manage their affairs when they no longer have the capacity to do so themselves. However sometimes life does not go to plan, and a Power of Attorney is not obtained perhaps […]

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  13. Legal Aid

    If legal aid is so fundamental to the operation of the legal system, then why is the budget being reduced on an annual basis? Over 600 people per month use the Law Society’s tool in search for a solicitor providing legal aid. The numbers of people requiring legal aid have not diminished, so why should […]

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  14. Future of the Family Law in the Shade of Brexit

    Theresa’s May speech on 17Th August was mainly about the how the UK can keep control of its own laws and therefore the question arises: how will the implication of Brexit affect family law? Some might argue that Family Law in Scotland can survive the UK’s exit from the European Law due to its well-structured […]

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  15. Powers of Attorney in the Digital Age

    The majority of clients will have an online presence of some kind with the internet becoming an ever more prevalent part of everyday life. Despite this, the legal profession has been slow to address the practicalities of how a client’s digital assets should be managed both during their lifetime and thereafter. There are currently no […]

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  16. Cohabitation in Scotland and your rights

    The fastest growing family type in the UK is the cohabitating couple, yet so many people remain unaware of their rights when their relationship breaks down. Cohabitation in Scotland is defined as a man and a woman who live together as if they are husband and wife or members of a same sex couple who […]

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  17. Cross-Border Families in Post-Brexit Britain

    With Brexit negotiations ongoing and the details of any potential deal yet to emerge, the legal industry enters a period of relative uncertainty. Our impending departure from the European Union brings the need for great change in existing policies and procedures. The potential effects of this on Family Law are endless. One of the many […]

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  18. Criminal Injuries Compensation

    Compensating victims of violent crime is not only desirable, but necessary as well. Physical and mental injury can damage the lives of Scotland’s blameless citizens. The Criminal Injuries Compensation Authority is another example of ‘nice idea, poor execution’ within the Scottish legal system. Caroline Kelly, a solicitor advocate at Thornton’s, has even questioned whether the […]

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  19. Legal Aid in Scotland

    Legal Aid is the cornerstone of any fair, just and equal legal system. If society purports to operate under the rule of law then access to justice and thus finding ways to pay for legal representation across all socio-economic strata must be central. The Legal Aid system is currently the method of ensuring access to […]

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  20. How best to deal with the rise in individuals seeking Powers of Attorney?

    As reported by Scottish Legal News and others, individuals are now facing a 13-week wait in order to register their Powers of Attorney with the Office of the Public Guardian. According to Annabelle Ewing, Scottish Government Minister for Community Safety, registration submissions have risen by 40% in the last 2 years. As the population ages […]

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  21. Fair Sharing in Divorce – Not When It Comes To Pensions

    According to a recent study by Scottish Widows, women are currently losing out on around £5bn annually during divorce proceedings because of a lack of discussion surrounding pensions. Scottish Widows have highlighted that nearly three quarters of divorced people (71%) did not discuss pensions during their divorce proceedings despite 56% of those people expressing that […]

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  22. Mesh Implants – A New Public Health Scandal?

    A seemingly straightforward ‘fix’ for the common health complaints affecting women following childbirth has become a source of continued poor health for many of the 20,000 Scottish women who have undergone the procedure. A trans-vaginal mesh, made from a type of plastic called polypropylene, has been implanted in women who complain of stress incontinence and […]

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  23. The Toys Don’t Always Fit in the Box

    I have studied family law, I have volunteered at contact centres, I have professionally mediated cases and I have been in a family my whole life. There is no perfect family,or rather the toys don’t always fit in the box. In mediation we try to separate the person from the problem;this is easier said than […]

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  24. Lifting the veil around Inheritance tax

    The Office of National Statistics recently reported a steep increase in the total inheritance tax being collected by the UK government. Following record highs of last year, the annual amount of inheritance tax collected by HMRC has now risen above £5 billion for the first time ever. Inheritance tax is a conflicting topic. While some […]

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  25. Views On Child Chastisement Legislation

    Green MSP John Finnie has created a proposal for a Bill ‘to give children equal protection from assault by prohibiting the physical punishment of children by parents and others caring for or in charge of children’. As a result of this Bill, the Scottish Government has confirmed the smacking of children will be banned in […]

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  26. Legal Aid

    Legal aid is the principle way through which most people access the justice system. Over the years the availability of legal aid has been drastically reduced which has had a knock on effect on the legal system. The recent report The Financial Health of Legal Aid Firms in Scotland (February 2017) outlined the depth of […]

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  27. The Law on Child Smacking

    In a positive step forward, the Scottish government has confirmed that Scotland will become the first UK nation to ban all physical punishment of children, as it pledged to ensure that a member’s bill became law. Justice spokesperson for the Scottish Greens, John Finnie, proposed removing the defence of “justifiable assault” from Scottish law to […]

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  28. Is the Criminal Injuries Compensation Authority fit for purpose?

    With applications for Criminal Injuries Compensation increasing,[1] the question of whether the Criminal Injuries Compensation Authority (CICA) is fit for purpose or not, arises. A claim for compensation can be made where a victim suffers from a ‘crime of violence’[2] which includes inter alia a physical attack, a violent act or omission or a sexual […]

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  29. Trainee Update

    Many thanks to all those who applied for the trainee position with the firm. We have been overwhelmed by the number and quality of the applications. We will now begin the process of fully assessing the applications received and we would intend to invite a number of candidates to interview over the course of the […]

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  30. Trainee Vacancy

    We are a Lanarkshire law firm with offices in Airdrie and Motherwell. We are currently looking to recruit a new trainee solicitor to commence work ideally in mid-January 2018, but the start date may be variable depending on the availability of the successful candidate and we will consider applications from those in the process of […]

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  31. Negligence And Time Limits in Personal Injury Cases

    A worker who sought damages from his ex-employers after being injured in an accident at work is now suing his former solicitors for loss caused to him over their failure to raise an action in time. The pursuer suffered an accident at work on 9 April 2009 and instructed the defenders to raise an action […]

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  32. Relationships And The Law

    Earlier this year, Rebecca Steinfeld and Charles Keidan, lost their Court of Appeal case, in which they sought the right to be able to enter into a civil partnership, instead of a marriage. The couple reject the traditional notion of marriage and wanted a civil partnership which is currently only available for same sex couples in the […]

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  33. Student Vacancy

    Hamilton Ross Solicitors is a firm in Lanarkshire carrying out a range of work such as family law, compensation claims, wills, powers of attorney, guardianship and civil court work. We are able to act either privately or on the basis of legal aid in appropriate cases. We are currently looking to recruit someone on a […]

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  34. Uninsured Drivers Damages Claims

    Damages claims against motor insurance bureaus should be determined according to the law of the state in which the accident occurred, the Supreme Court has ruled. Ms Moreno is a UK resident. In May 2011, whilst on holiday in Greece, she was hit by a car. The car was registered in Greece and driven by […]

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  35. Decision on Procedure For Challenging Direction To Jury

    A road traffic accident victim who sought to challenge a judge’s charge to a jury after the jurors had retired to consider their verdict in her damages claim against the driver who knocked her down has had her note of exception dismissed because it came “too late”. A judge in the Court of Session refused […]

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  36. Proposals For Canvassing Views of Children Considered

    Children could be spared confusion and possible upset by a simple change to new forms for family actions, the Faculty of Advocates has suggested. The Scottish Civil Justice Council (SCJC) has drafted two forms to tell youngsters that an action has been raised and how it affects them, and to give them the chance to […]

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  37. Contributory Negligence In Compensation Cases

    How contributory negligence should be assessed was considered by the Inner House in Wagner v Grant and Arla Foods UK plc [2016] CSIH 34, following an appeal by the defenders against the decision at first instance to hold them liable for a road traffic accident. They argued that, even if they were liable, the assessment […]

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  38. What Powers Can Be In A Power Of Attorney

    A power of attorney can cover both financial and welfare provisions or you can have separate deeds to cover your nancial affairs and welfare matters. The financial provisions can include power to purchase and sell  property (i.e. your house), power to operate bank accounts, power to claim and receive all pensions, bene ts, allowances, etc. […]

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  39. Law Society Critical of Justice Fee Changes

    The Law Society of Scotland has joined the Faculty of Advocates in criticising plans to make litigants fund the civil justice system through court fees. The Society said the proposals would damage access to justice, particularly for vulnerable people and those bringing forward personal injury cases. In its response to the Scottish government’s consultation on […]

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  40. Compensation Claim Rejected – Pedestrian at Fault

    It is not often that the driver of a vehicle that strikes a pedestrian will escape liability altogether, but the English Court of Appeal held in Scott v Gavigan [2016] EWCA Civ 544 that a judge at first instance had been correct in finding that a pedestrian was wholly responsible for an accident in which […]

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  41. Time Bar In Cohabitation Claims is A Strict Rule

    The Court of Session in the case of Igoe & Macari v Campbell considered the issues of time bar and alternative remedies in cohabitation claims. Mr Courtney and Ms Campbell, began their relationship in 2009. In 2010, Ms Campbell bought a house in her own name. Mr Courtney paid her a lump sum of half […]

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  42. Law Society Expresses Support for Judiciary

    In an article in the Journal of the Law Society of Scotland, the importance of judicial independence has been emphasised. Strong support for the independence of the judiciary and the legal profession has been voiced by the Faculty of Advocates and the Law Society of Scotland, as the row continues over the fallout from last […]

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  43. 3.4% House Price Rises in Scotland

    The latest publication of the UK House Price Index (UK HPI) shows that the average price of a property in Scotland in July 2016 was £143,711 – an increase of 3.4 per cent on the previous year and an increase of 1.3 per cent when compared to the previous month. North and South Lanarkshire were […]

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  44. Workers Priced Out Of The Property Market

    The GMB union has called for a “massive” housebuilding programme to get underway “without delay” after a report by the union found that workers on average earnings in Scotland are priced out of the housing market in 21 out of 32 local authority areas. The report shows current average house prices in the country are […]

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  45. Compensation For Medical Negligence Rises

    The number of patients compensated by the NHS for medical negligence rose to a record high last year. The 251 cases in 2015/16 is almost double the tally from five years ago, and an increase of 38 from the previous year. Scottish Conservative public health spokesman Miles Briggs (pictured) uncovered the information following a parliamentary […]

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  46. Legal Aid Denied For FAI

    There have been substantial cuts to the funding of legal aid in recent years. Now in a high profile case, the family of a boy who died after a gravestone fell on him have been denied legal aid ahead of the fatal accident inquiry (FAI) into his death. Ciaran Williamson, 8, died after a gravestone […]

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  47. Personal Injury Lawyers Oppose Deletion Of Companies House Records

    The Association of Personal Injury Lawyers (APIL) has criticised proposals by Companies House to delete the details of defunct businesses after six years. According to the group, efforts by seriously ill workers and bereaved families to seek compensation against negligent employers will be hampered under the plans. Neil Sugarman, president of APIL (pictured), said: “Sick […]

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  48. Compensation Claims Protocol To Change

    New rules have recently introduced a compulsory “Personal Injury Pre-Action Protocol” in certain personal injury claims. The Personal Injury Pre-Action Protocol sets out the steps which must be followed prior to raising court proceedings in a compensation claim. The aims of the protocol are to encourage the fair, just and timely settlement of disputes before […]

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  49. Compensation Claim Rejected Following Accident At Work

    A garden centre cafe employee who was injured at work after falling in the kitchen has had an action for damages dismissed after failing to prove his claim that he slipped on an onion. A judge in the Court of Session absolved the defenders because he was “not persuaded on the balance of probabilities” that […]

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  50. Scottish Civil Justice Council

    The Scottish Civil Justice Council (SCJC) has published its second newsletter update. At its meeting last week the council agreed to consider draft rules by correspondence in the Postal Administration Rules (Scotland) 2016 with a view that they be submitted to the Court of Session for consideration before the next meeting: The rules would make […]

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  51. Modernisation of Courts in Scotland

    The Lord President, Lord Carloway in a previous address to the Law Society of Scotland’s Council, set  out his vision for courtrooms “fit for the 21st century”. He envisions Scotland’s courts availing themselves of “200 years of technological advances” and proposed a number of ideas. Following Lord Gill’s report, Lord Carloway discussed the use of […]

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  52. Scottish Land Fund Set To Benefit Communities

    Nine million pounds has now been awarded from the Scottish Land Fund to help 52 communities to buy land. More than 500,000 acres of land is now in community ownership in Scotland, of this over 90,000 acres has received from support through the Land Fund. A total of 122 communities have successfully registered their interest […]

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  53. Property And Conveyancing Update

    As part of the goal to complete the land register, the General Register of Sasines closed to standard securities on 1 April 2016. This change affects people in Scotland with titles held on the sasine register who take out borrowing with a new lender. New securities must be added to the land register, triggering a […]

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  54. Contact Order in Family Action Restored By Inner House

    A contact case made its way to the Inner House the decision of the sheriff was restored, with emphasis placed on him having the advantage over the sheriff principal who had overturned his decision, of having seen and heard the witnesses. M v M [2016] CSIH 2; 2016 GWD 3-75 concerned a Ugandan father who […]

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  55. Mortgage Process Change To Impact on Property and Conveyancing Transactions

    The application process for some lending on land and property in Scotland will change from 1 April 2016 as a new trigger to support the completion of the Land Register of Scotland is activated. The historic deeds-based General Register of Sasines will close to standard securities on April 1 and, as a result, applicants planning […]

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  56. Separation Agreement And Fairness in Family Law

    The circumstances required to vary a minute of agreement under the power in s 16 of the Family Law (Scotland) Act 1285 were rehearsed in Anderson v Anderson 2015SCGLA65 (6 October 2015). The defender suffered from a moderate depressive illness, elements of which may have arisen from the stress of the separation and a subsequent […]

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  57. Review Conducted of Family Law 2006 Act

    Holyrood’s Justice Committee is conducting “post-legislative scrutiny” of the Family Law (Scotland) Act 2006. The committee describes it as one of the most important pieces of legislation on family law in recent years. The committee invited a number of organisations – including the Law Society of Scotland, Families Need Fathers (FNF) Scotland, Scottish Women’s Aid […]

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  58. Bill To Remove Bar to Compensation For Abuse Survivors

    A draft bill which removes a barrier on survivors who were abused as children seeking civil damages in court has been published. The Limitation (Childhood Abuse) (Scotland) Bill would remove the three-year time limit, also known as “time-bar”, on survivors, who were abused on or after 26th of September 1964, seeking damages in the civil […]

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  59. Call For Cohabitant Claims Judgements to be Published More in Family Law Actions

    A plea for greater publication of judgments dealing with financial provision at the end of cohabitation has been made by advocate Kirsty Malcolm (pictured). Ms Malcolm took part in an evidence session at Holyrood’s Justice Committee when the Family Law (Scotland) Act 2006 was scrutinised. Part of the discussion centred on section 28 – financial […]

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  60. Land And Buildings Transactions Tax

    The legislation will introduce a new LBTT additional dwelling supplement on purchases of additional residential properties in Scotland (such as buy-to-let properties and second homes) of £40,000 or more. The additional dwelling supplement is 3% of the total purchase price of an additional residential property purchase of £40,000 or more. Subject to Royal Assent being […]

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  61. Simple Procedure Changes Proposed

    The Faculty of Advocates has suggested that draft rules for the new Simple Procedure in the sheriff court could be made simpler. The Scottish Civil Justice Council (SCJC) asked for views on the rules and the Faculty made a number of points in its response. Simple Procedure is designed to be speedy, inexpensive and informal, […]

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  62. Clan Child Law Assists Supreme Court

    A charity that gives legal help to children and young people in Scotland has intervened to assist the Supreme Court in the ongoing judicial review proceedings regarding “Named Person” provisions of the Children and Young People (Scotland) Act 2014. Clan Childlaw is of the view that the 2014 act is imprecise in setting out the […]

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  63. Vicarious Liability For Assault Leads To Compensation

    A company has been held vicariously liable for the actions of an employee at its petrol station who made an unprovoked attack on a customer after the Supreme Court said the “close connection” test was satisfied. The court, comprising Lord Neuberger, Lady Hale, Lord Dyson, Lord Reed and Lord Toulson unanimously allowed the claimant’s appeal, […]

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  64. Womens Aid Comments on 2006 Family Law Act

    Scottish Women’s Aid (SWA), an umbrella organisation for 37 member groups that provide services directly to women, children, and young people, has commented on the operation of the Family Law (Scotland) Act 2006. Their response said in relation to the protection from abuse provision of s.24: “Evidence abounds, from women, from children and young people, […]

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  65. Wills we ever get there – the importance of drafting correctly

    When reading the newspaper each morning on my commute to work it is not uncommon to find an article with a dispute over the inheritance of an estate or an issue with a will. This is somewhat surprising considering the efforts of several campaigns such as ‘Will aid’ month and ‘Choice not chance’ encouraging members […]

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  66. Montgomery v Lanarkshire Health Board – Doctor’s Duty to Inform

    The fairly recent case of Montgomery (Appellant) v Lanarkshire Heath Board (Respondent) [2015] UKSC 11 has brought to the forefront, the issue of patients being informed of risks and the alternative options available to them. This case was initially heard in the Court of Session, before being appealed in the UK Supreme Court. In this […]

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  67. A Step in the Right Direction for Scots Succession Law?

    Succession law in Scotland has for a long time now been an area of law which is in need of radical reform. Despite being an area which is likely to affect us all at one point in our lives, the law of succession has for a long time been criticised as being overly complex and […]

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  68. Deeds of Variation

    A deed of variation can be used to vary a Will after someone’s death thus enabling the beneficiaries of a deceased’s estate to alter the distribution of that estate. Often the tax implication of the terms of a Will are not considered when the Will is prepared and on an individual’s death it can become […]

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  69. Compensation Case Law Update

    A landmark case recently decided in the UK Supreme Court will have far reaching consequences for the future of personal injury claims against employers. The case of Kennedy v Cordia [2016] UKSC 6 has been argued back and forth through the courts for several years, but last week the highest court in the land finally […]

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  70. All change at the Sheriff Court.

    The recent Courts Reform (Scotland) Act 2014 made significant changes to the influence of, and way that, the Sheriff Court in Scotland operates. Not only have they reduced the number of them, but their role in the administration of justice and civil disputes has changed. For those of you who have not yet looked at […]

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  71. E.P.I.C. REFORM FOR SCOTLAND’S PERSONAL INJURY CASES

    The Edinburgh Personal Injury Court (known as the Sheriff Personal Injury Court (SPIC)) was established on September 22, 2015 and was brought about by Lord Gill’s recommendations from the Scottish Civil Court Review in 2009. These new procedures are available to all Scottish Solicitors as well as individuals raising an action on their own behalf. […]

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  72. The Succession (Scotland) Bill Passes Final Stage

    The way in which individuals domiciled in Scotland propose to pass on their property following death is to be altered by recent changes to our succession law. On the 29th January 2016 the Succession (Scotland) Bill passed its final stage in the Scottish Parliament. This Bill is the first in a two-stage reform endeavouring to […]

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  73. Legal Aid vs. Access to Justice

    The concept of access to justice embodies the central idea that regardless of capabilities, all citizens shall have equal legal protections and the right to the enforcement of these protections. Therefore it is of paramount importance that those who require access to the legal system are not excluded on the basis of social or economic […]

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  74. Establishing Child’s Habitual Residence

    Both parents were British nationals and were in a same sex relationship from 2004 to 2011. In April 2008 the mother gave birth to B, using an unknown sperm donor. Shortly before B’s birth the applicant and the mother bought a house in joint names and lived there with B, who had a loving relationship […]

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  75. Succession (Scotland) Bill

    The Succession (Scotland) Bill is currently at stage 3 of the parliamentary process and aims to clarify certain elements of the law surrounding succession. The Scottish Law Commission has identified previously in both 1990 and in 2009 that the law of succession is in need of change. The last major changes came in 1964 with […]

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  76. Unanimous Decision from Supreme Court Allowing Carers Appeal

    A home carer who had fallen and injured her wrist whilst on her way to visit a vulnerable client to provide personal care has had success with her appeal. Severe wintry conditions affected central Scotland, with snow and ice lying on the ground. The carer was driven to the elderly client by a colleague, who […]

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  77. Cohabitation – Don’t Take Things For Granted

    The Office for National Statistics recently published figures relating to the make-up of families across the UK. It highlighted that the number of cohabiting couple families has grown considerably in recent years. The figures from the ONS show that cohabiting couple families grew by 29.7% between 2005 and 2015, to a total of 3.2 million, […]

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  78. Succession Law Changes

    Succession law in Scotland is changing. On the 29th of January 2016, the Scottish Parliament passed the Succession (Scotland) Bill in an attempt to modernise the law in this area, marking the beginning of important and widespread reforms. Such developments have been much sought after by the legal profession, with the current law – the […]

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  79. Court Reform (Successfully?) Drags Scotland Into The 21st Century

    The year 2015 saw Scotland’s civil justice system undergo massive reform. The Courts Reform (Scotland) Act 2014 came into force on 22nd September 2015 and made some necessary changes to administering Scotland’s civil court system. The value of claim in the Sheriff Court can now amount to £100,000 compared to the previous limit of £5000. […]

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  80. Family Is What You Make It

    Family Is What You Make It What is a family? Is it something the law can define? How does Scot’s law adapt to this ever changing term? Historically in Scotland, like in many other jurisdictions, the nuclear family was the primary family unit. This simply encompassed a married man and woman and their children, and […]

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  81. Equality for all! Hooray! Oh no wait…….

    The Civil Partnership Act 2004 introduced the UK to a new relationship status, the Civil Partnership. The Act was explicit in its terms; only two people of the same sex could enter into such a relationship status. This was the means deployed by government to address inequality between homosexual couples and their heterosexual counterparts. By […]

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  82. Named Person- Children and Young People (Scotland) Act 2014

    In Scots Law children have always had rights. The law requires that these rights are upheld by the parents of the child. This is reinforced by the fact that the United Kingdom is a signatory to the UN Convention on the Rights of the Child (UNCRC). The United Nations has proclaimed that childhood is entitled […]

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  83. Legal Aid Cuts

    The cuts in legal aid expenditure is a highly debated topic within the Scottish justice system, and has been for a number of years. Recent reports by the Scottish Legal Aid Board estimated there will be an additional £10 million cut for 2016/17. This follows from the £12 million cut in expenditure from the previous […]

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  84. Traineeship Applications

    We would like to express our sincere thanks to all those who have taken the time to submit an application to us for the position of trainee solicitor we had recently advertised. We have been overwhelmed by the response and are now in the process of sifting through the applications we have received. We have […]

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  85. Trainee Vacancy

    We are a Lanarkshire law firm with offices in Airdrie and Motherwell. We are currently looking to recruit a new trainee solicitor to commence work on 1st August 2016. The position will involve dealing with a range of work with the focus being on family law as well as reparation, wills and powers of attorney. […]

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  86. Drink Driving Statistics Update

    Drink-driving offences in Scotland fell at nearly double the rate of the rest of the UK following the introduction of a new lower limit last December. In the period from December 2014 to August 2015, drink driving offences fell by 12.5 per cent compared with the same time in the previous year. The figure across […]

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  87. Sheriff Court Appeals – Court Procedure

    The changes to Sheriff Court Appeals is now underway with the introduction of the Sheriff Appeal Court. There are now various procedures which may be followed in relation to Sheriff Court appeals which should reduce rigidity within the court system. The standard appeal procedure  is similar to the current Court of Session procedure under Chapter […]

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  88. Law Society Respond To Legal Aid Cuts

    Legal aid budget for 2016-17 Responding to the Scottish Government’s Draft Budget for 2016-17, announced yesterday, Christine McLintock, president of the Law Society of Scotland, made the following statement to legal aid practitioners: “The 2016-17 budget allocation for the legal aid fund has been set at £126.1 million, the lowest it has been for well […]

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  89. Compensation Claims And Personal Injury Court

    Compensation Claims And Personal Injury Court Jursdiction In a decision of the court of session personal injury action the court has refused to remit a £25,000 damages action to the national personal injury court. The fact that a compensation claim was “small and straightforward” was not in itself enough to justify remitting the claim to […]

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  90. Property And Conveyancing Update

    Conveyancing And Property Update: statistics relating to the housing market present a mixed picture at present. In October first-time buyer sales have experienced a three-month downturn, according to the latest First-time Buyer Tracker from Your Move & Reeds Rains. First-time buyers completed 28,100 transactions in October, compared to 30,700 three months earlier in July, when […]

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  91. Separation Poll Shows Views of Children

    Separation and divorce is always a difficult process to undergo for the adults whose relationship is coming to an end. It can also be a very difficult time for the children of the separating couple but there can be a risk that their views can be overlooked when decisions about the separation are made, even […]

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  92. Legal Aid Budget Cuts

    The Scottish Legal Aid Board have announced that the legal aid budget for 2016-17 is to be reduced by over 7%. There has been a 31% cut in the legal aid budget in recent years. The cuts have impacted upon the provision of legal services by solicitors across the board including crimal law, family law […]

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  93. About our blog

    Hamilton Ross is a progressive firm of lawyers offering legal services throughout Scotland with offices in Motherwell and Airdrie. We provide legal advice to clients using only fully qualified lawyers and solicitors. This blog will provide updates with legal developments in areas of Scots law including family law, compensation claims, criminal law, legal aid, conveyancing, […]

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