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More for Lawyers February 2019 Welcome to the February edition of More for Lawyers. This month we start preparations for our annual conference, brief initial details of which are found below. As usual we would be glad to see as many of you there as possible and I would encourage you to reserve your place early to avoid disappointment. This edition also highlights our agricultural and rural team. The recent arrival at the firm of Linsey Barclay-Smith adds further strength in depth to a team which is already one of the leading teams in that area of practice and they would be glad to assist with any aspect of that specialist area of practice. As usual, I hope that the articles below provide a full and interesting update on recent legal developments. We look forward to working with you all over the coming months.
Guidance from the Inner House for disappointed beneficiary cases The decision of the Inner house in Ilene Anderson and another v George Davidson Wilson [2019] CSIH 4 will be of interest to litigators involved in executry disputes. It provides some useful guidance on (i) title to sue, (ii) the scope of remedies which may be available in cases of facility and circumvention or undue influence, and (iii) prescription in claims by disappointed beneficiaries. Author: Helen Bain
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No deal for family lawyers Family briefing: a survey of some ground rules for family lawyers in cross-border cases that will no longer apply in the event of a no-deal Brexit, and what might happen in their place With 29 March fast approaching, how might a “no deal� Brexit affect family law practitioners and clients? Author: Lucia Clark
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Defamation complaint was not a protected disclosure The EAT has found a complaint about defamation could be a protected disclosure but it did not meet the public interest test. Establishing whether a protected disclosure has been made for whistleblowing purposes is, unfortunately, often far from straightforward. Author: David Walker
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Seeking sequestration for council tax arrears A recent decision from Forfar Sheriff court in respect of three separate petitions for sequestration has highlighted problems which can arise if a creditor seeks sequestration of a debtor without producing sufficient evidence of the debts which are due. Author: Bill Stark
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The Good Work Plan Details of the UK Government's Good Work Plan which will result in some important employment law changes. The UK Government rounded off 2018 with the introduction of their Good Work Plan. This plan sets out the action the Government intends to take to implement 51 of the 53 recommendations made in the Taylor Review. Author: Andrea Hunter
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Litigation updates for January and February The following is a summary of some of the current changes to rules, consultations and other updates which may be of interest to those working in litigation. Author: Helen Bain
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More for Lawyers Conference 2019 A reminder that Morton Fraser's annual More for Lawyers Conference for 2019 will be taking place on Thursday 16 May at our Edinburgh Office. We are finalising our line up at the moment and topics we will be covering will include updates on employment law, family law and on commercial litigation. We are also delighted to announce that Morag Ross QC will be speaking at the conference. Please contact Helen Bain to confirm your place at the conference or if you have any questions. Morton Fraser's Agricultural and Rural Property team Morton Fraser's Agricultural & Rural Property team are ranked in Chambers and Legal 500. The team is headed by James Rust and Linsey Barclay-Smith, both Partners and accredited as specialists in Agricultural Law by the Law Society of Scotland with many years' experience in dealing with all aspects of rural property. James and Linsey, supported by dedicated and highly motivated colleagues, would be very pleased to assist you and your clients in dealing with all manner of agricultural and rural property matters, from a deed of servitude for a septic tank to the purchase or sale of an estate or farm and everything in-between. The team also advise on renewable energy transactions and development land deals, security work and clawback arrangements and they are also well versed in crofting matters and all aspects of agricultural tenancies. Any client you refer to us will be assisted efficiently and professionally by an experienced solicitor. We will provide clear, straightforward advice on the relevant law and practice and be transparent about the basis of charging. We are happy to act as consultant in the provision of advice to you to enable you to advise your client accordingly and retain client contact. Alternatively, we can advise your client directly in relation to the subject matter in question, leaving you to continue to meet all of their other legal requirements. If you think the services of our Agricultural and Rural Property team might be of interest to you or your clients please do not hesitate to be in touch with either James or Linsey - James on 0131 247 1013 or by email james.rust@morton-fraser.com or Linsey on 0131 247 1340 or by email linsey.barclay-smith@morton-fraser.com. They would be delighted to hear from you!
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