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More for Lawyers April 2019 Welcome to our April edition of More for Lawyers. We cover a wide range of topics in this month's edition including key issues in family law, insolvency, employment and court procedure. We also outline the full programme for our annual conference on 16 May. We are pleased to announce Morag Ross QC as our keynote speaker this year and she will address some important developments in public law. The programme is designed to cover a broad range of areas of law and we hope to see you all there. If you have any queries about how to sign up please just pick up the phone to me or Helen Bain. We would be glad to assist.
Gratuitous alienations: adequate consideration and family law The two main defences to a gratuitous alienation claim are that adequate consideration was made for the transfer or that the debtor was solvent immediately following the transfer. Author: Eilidh MacEwan
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Remitting Sheriff Court Cases to the Court of Session Section 92(2) of the 2014 Act provides that, where the Court of Session would also have jurisdiction, the test for a sheriff to consider is whether the importance or difficulty of the proceedings makes a remit appropriate. Figuring out whether or not, in practice, a case is likely to meet this test and therefore merits the making of an application can be challenging. A couple of recent decisions regarding applications to remit can provide some assistance in identifying factors which can be relevant. Author: Helen Bain
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New rules, new approach? Seeking children's views in the court process Every family law practitioner in Scotland is familiar with the right of children to have their views sought and considered on legal decisions which affect their lives. From June 24th, the tools and procedures used to do this, in both the Court of Session and Sheriff Courts, will change. Author: Dianne Millen
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Is sending an email to the wrong email address of an employee on maternity leave discriminatory? The EAT has considered whether it was discriminatory to send a woman on maternity leave an email to her inaccessible work email address. Author: Sarah Gilzean
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April 2019 employment law changes Read about recent changes to Tribunal Compensation, Injury to Feelings Awards, National Living Wage and National Minimum Wage, Statutory Benefits, Payslips, Gender Pay Gap Reporting, Good Work Plan and Taxation of Termination Payments.
Author: Innes Clark
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Litigation updates for March and April The following is a summary of some of the current changes to rules and other updates from March and April which may be of interest to those working in litigation. Author: Helen Bain
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More for Lawyers Conference 2019 Our annual More for Lawyers Conference is taking place on Thursday 16 May 2019 at our Edinburgh Office at Quartermile Two. Details of the programme for the day are below: 8.30am to 9.00am 9.00am to 9.15am
Registration Welcome and Introduction
9.15am to 9.55am
Judicial Review - reflections on its scope and future since the Wightman decision (Morag Ross QC)
9.55am to 10.35am
Medical Negligence: Guidance on causation and valuation of claims (Derek Couper and Nicola Edgar)
10.35am to 10.50am
Morning coffee break
10.50am to 11.30am
Employment Law - what's new and what to expect and will Brexit make any difference? (Innes Clark, David Hossack and Sarah Gilzean)
11.30am to 12.10pm
The immigration implications of Brexit - what do your EU clients need to do to be able to stay in the UK? (Stuart McWilliams)
12.10pm to 1.00pm
Lunch
1.00pm to 1.40pm
Professional Liability: Duties of care and recovery of loss (Richard McMeeken)
1.40pm to 2.20pm
Recent agricultural issues and lessons to be learned (Morton Fraser's Agricultural and Rural Team)
2.20pm to 2.25pm
Brief break
2.25pm to 3.05pm
Reforming Scots incapacity law and permanence orders - a case law review (Dianne Millen and Karen Wylie)
3.05pm to 3.15pm
Closing remarks
If you have any questions about the conference, or are still to reserve a place, please contact Helen Bain.
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