More for Lawyers - June 2019 by Morton Fraser Solicitors

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More for Lawyers June 2019 Welcome to the June edition of our More for Lawyers bulletin. Last month saw us host our annual conference in Edinburgh and there was a superb turnout for an interesting day of talks on a wide variety of legal issues. We were privileged to welcome Morag Ross QC who gave the keynote speech on recent developments in judicial review. It was great to see so many of you there and we hope to see even more of you at next year's conference. This month's bulletin covers a variety of topics from employment law to personal injury and Helen Bain considers an important (and often overlooked) topic for all lawyers, the scope of legal advice privilege and the crucial protection that it affords all our clients. Enjoy!

When can communications be protected by legal advice privilege? When clients seek advice from a solicitor, they will likely expect that their discussions with the solicitor relating to the advice will remain confidential. Legal advice privilege may assist in these circumstances. Author: Helen Bain

What we've learned from speaking to people about Settled Status In recent months, Iâ&#x20AC;&#x2122;ve spent a lot of time meeting with EU nationals concerned about their status once the UK leaves the EU. As negotiations in Parliament drag on, and with a Conservative leadership election now in the mix, there is a lot of confusion about the future. Author: Stuart McWilliams

Evicting tenants of irregular tenancies - where do you sue? The sheriff court was the traditional forum in which a landlord could obtain an order which enabled them to evict a tenant. Changes were made to this on 1 December 2017 when jurisdiction to grant orders for eviction or possession in relation to certain types of residential tenancies was given to the Housing and Property Chamber of the Firsttier Tribunal. However, recent notes published in the sheriff court case of Reid v Redfern make it clear that the First-tier Tribunal does not have jurisdiction to grant orders in all cases where a landlord wants to remove a residential occupier. Author: Helen Bain

Can you pay men on shared parental leave less than women on maternity leave? One of the most anticipated employment law judgements of 2019 has been handed down. The cases of Ali v Capita Customer Management and Chief Constable of Leicestershire v Hextall have a fairly lengthy history. The question looked at in both cases was whether it was discriminatory to pay a man on shared parental leave less than a woman on maternity leave. Author: Sarah Gilzean

Radical Changes proposed to Medical Negligence Law Sir Rupert Jackson, a former Court of Appeal Judge whose views have previously formed the basis of government policy, has set out radical proposals for overhauling the

medical negligence law and procedures for handling claims south of the border. Author: Nicola Edgar

Discrimination helpline for advisors and Vento bands update Equality and discrimination issues can be tricky and simply being able to run some thoughts past an experienced mind can help advisors focus in on the answer to a particular problem. Author: Sarah Gilzean

The truth about private parking charges in Scotland - are they enforceable? For a number of years there has been a myth across Scotland that parking charges issued in respect of private car parks are not enforceable. Author: Judith O'Toole

Court limits the scope of vicarious liability for employers Employers will undoubtedly welcome the recent High Court decision in Shelbourne v Cancer Research (2019) EWHC 842 (QB) that an employer was not vicariously liable for the actions of their employee at a Christmas party, which resulted in another employee suffering an injury. Author: Nicola Edgar

Litigation updates for May and June The following is a summary of updates from May and June which may be of interest to those working in litigation. Author: Helen Bain

Our Service More for Lawyers is for our professional colleagues. Working in partnership with other law firms throughout Scotland we can ensure that our clients and theirs get the best possible service. Our focus is on litigation agency work in the Court of Session, Sheriff Appeal Court and the All Scotland Personal Injury Court. We appreciate that the type of support you need from us may vary from case to case. With that in mind, our service can range from anything from lodging documents on your behalf to being involved in giving detailed advice and the day-to-day running of cases. Areas of Expertise We provide advice to clients on the following areas: contract disputes; company, partnership & shareholder disputes; insolvency; property & real estate; banking & finance; insurance; reparation & personal injury; and trusts & executry disputes. Clarity Clarity is at the heart of everything we do from providing clear advice to being clear about costs. We are always available to discuss cases with you and to provide an early and clear view on your client's prospects of success and give them a sound understanding of the timescales and costs involved in the proposed litigation. Advocacy Service Our advocacy team is an integral part of More for Lawyers. Led by Richard McMeeken and Jenny Dickson we are always available to provide an early opinion on our client's case and cover all areas of civil and commercial litigation in Scotland. Our solicitor advocates are also available to consult with you as required and have both appeared at all levels of the Scottish court system including in appeals to the Inner House of the Court of Session. Our wider team has significant advocacy experience throughout Scotland's sheriff courts including the Sheriff Appeal Court and ASPIC. Keeping you up to date We provide regular legal and professional practice updates in our More for Lawyers Bulletin. We hold an annual conference which is attended by lawyers and other professional colleagues from

across Scotland and are happy also to deliver CPD training on a range of topics to local faculties. In addition, we are accredited by the Law Society of Scotland to deliver Trainee CPD and offer places at these sessions to external trainees. Key contacts Richard McMeeken leads our More for Lawyers offering. He is a partner in our litigation and dispute resolution team. Please get in touch with Richard to discuss any instructions. Helen Bain is a professional support lawyer in our litigation and dispute resolution team. Please get in touch with Helen to discuss any queries about our annual conference or other CPD training.

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