Scottish Law Commission Proposal for reform of the Standard Security

The Standard Security is of vital importance as it is the primary means by which individuals are able to obtain loan finance to buy property in Scotland. It was introduced...

Second course for the vegans? Casamitjana v The League against Cruel Sports

Further to our blog on, ‘Should vegetarianism be a protected belief? Conisbee v Crossley Farms Limited’, the Employment Tribunal has released another interesting decision in the field of philosophical beliefs,...

Charities; the new frontier for Freedom of Information?

The Freedom of Information Act (Scotland) 2002 (“the Act”) enables individuals to request information about public bodies, but biennial reviews of the legislation might soon mean some charities need to...

When is an agricultural holding not an agricultural holding?

I have previously looked at the case of Fyffe v Esselmont SLC/67/15 where, in very short summary, the Scottish Land Court concluded that the tenant’s particular activities on the farm...

Trusts and the Fifth Money Laundering Directive

Although the UK is currently on path to leave the EU on 31 January 2020, the EU’s Fifth Money Laundering Directive (5MLD) was implemented in the UK on 10 January...

Regulating short-term lets in Scotland

Since May 2019 there have been over 32,000 short-term lets recorded in Scotland, with more than 2,700 listings in Edinburgh. The Old Town alone has 812 active Airbnb listings per...

Should vegetarianism be a protected belief? Conisbee v Crossley Farms Ltd

The recent Employment Tribunal case of Conisbee v Crossley Farms Ltd [2019] ET 3335357/2018 shed an interesting light on the subject of protected philosophical beliefs under s 4 of the...

Personal injuries: compensation and planning for the consequences

How to appropriately compensate for personal injury has been the subject of recent legislative change in Scotland. The Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 received Royal Assent...

General election 2019: tax policies

Given the political upheaval surrounding the latest general election, it is perhaps unsurprising that many voters will be less focused on tax reform, and more concerned about Brexit. However, the...

Agricultural leases: Trustees of the Gannochy Trust v Messrs J & K Steel

The Scottish Land Court has declined to accept that a tenant withholding their rent due to the landlord’s failure to fulfil their obligations under a lease is a valid defence...

Challenging a will in Scotland: facility and circumvention

This note will be the second in a four-part series covering the grounds on which a will can be challenged in Scotland. This section considers a challenge on the grounds...

Letters of wishes: guidance from beyond the grave

A letter of wishes is a private document which sits alongside a will. It is not legally binding upon the executors and trustees but it serves as useful guidance in...