Dallas McMillan's Glasgow Lawyers' Blog

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Landlord Register Upgraded

Registration for landlords in the private rented sector is compulsory and, although the register of landlords has been online since 2006, the system has now been upgraded. This upgrade should make it more straightforward for landlords to apply and to renew their registration, for anyone to search the public register of landlords and for local authorities to maintain the register in their area.

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When is a resignation a resignation? Did Mark Warburton ‘resign’ from Rangers?

Once again, employment law is in the news  following the resignation of Mark Warburton from Rangers. There was initially some confusion regarding events, with Warburton and his team adamant they had not resigned from their position.

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Preparing for the loss of buy-to-let tax relief

Time is quickly running out for buy-to-let landlords currently claiming income tax relief on mortgage interest payments. From the 6th April 2017, residential landlords will face new restrictions for income tax relief for financing costs for residential properties. Until now, individuals buying property to let are able to claim relief on their mortgage interest payments at their marginal rate of tax. For example, individuals paying the basic rate of tax get 20% tax relief, whereas those within a higher tax bracket can claim up to 45%.

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Calls for Action Following Rise in Road Casualties

The most recent road casualty figures from the Department for Transport have revealed a rise in the number of people killed or seriously injured, which has prompted road safety charity Brake to call for more preventative action by Government.

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Survivorship Clauses

A survivorship clause is something which you can put in your title deeds which provides that on the death of the first proprietor, the surviving proprietor, often  a spouse or a civil partner, will automatically inherit the predeceasing proprietor’s interest in the property.

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Injury to Child in the Care of a Family Friend

Occupiers Liability - Anderson V Imrie, [2016] CSOH 171

As recent decision from the Court of Session deals with an issue at the forefront of working family life; suitable and appropriate childcare.  Many parents employ the help of nurseries or childminders but it is certainly common for friends and family step in to offer assistance. The case of Anderson v Imrie highlights the duty on a caregiver, even in an informal setting, where a foreseeable risk of injury is met with negligent supervision.   

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House Price Growth Steady at Start of Year

The start of 2017 has seen ‘broadly stable’ annual house price growth amounting to 4.3%, according to Nationwide’s House Price Index for January. This is only slightly below the annual growth rate of 4.5% recorded in December 2016. On a monthly basis, house prices rose by 0.2% in January, after seasonal factors were taken into account.

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Protecting Waste Industry Workers

The Health and Safety Executive (HSE), in conjunction with the Environment Agency, has recently carried out a series of visits to waste sites, in an attempt to improve working practices on these sites and ensure that operators are complying with all relevant legislation.

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Road Safety Charity Welcomes Police Crackdown

Road safety charity Brake has welcomed a recent police campaign targeting illegal mobile phone use behind the wheel.

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Employment Status – when are you an employee or independent contractor?

Employment status is a subject that has been in the news recently following the much publicised decision in the case of Mr Yaseen Aslam and Mr James Farrar v UBER. In the UBER case, it was held that the individuals were workers and therefore were entitled to certain benefits. The Employment Judge was less than complimentary about the practices of UBER. That being said, UBER have announced that the decision is subject of appeal with a hearing likely to be fixed in the next few months.

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Employment Status – what the law says

Legal definition

Whether or not an individual is an “employee” is generally determined by reference to the contract under which he or she works.  The Employment Rights Act 1996 Section 230(1) defines an employee as:-

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Pre-payment condition for housing repairs grant “not unreasonable”

A homeowner who claimed that Glasgow City Council had acted beyond its authority by imposing a condition that a home owner was required to pay their share of the cost of repairs to a tenement by the time the final account for the works was issued or be liable for the full costs has had his legal challenge dismissed.

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Britain’s Most Expensive Streets

Scotland’s most expensive street is currently to be found in St Andrews, according to new research by Bank of Scotland. The Scores, which is in very close proximity to the town’s Old Course golf course, now has an average house price of £2,179,000.

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Major Revamp of planning system in Scotland unveiled

Plans for major changes to Scotland’s planning system, have been published by the Scottish Government. The revamp is aimed mainly at making is easier to build more high quality homes and at reducing bureaucracy and will give local people a greater say in planning issues in their area.

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Recent results for UCATT and ACCORD members

Our Personal Injury Team handle a large volume of claims on behalf of members of UCATT (Union of Construction, Allied Trades and Technicians – now Unite Construction, Allied Trades and Technicians) and Accord.

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House Prices Predicted to Rise in 2017

RICS recently published its housing forecast for 2017, which predicts an average increase of 3% in house prices in the UK over the course of the year.

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Dallas McMillan Announce Cancer Support Scotland As Their Official Charity Partner for 2017


Dallas McMillan Solicitors are delighted to announce that our official charity partner for 2017 is Cancer Support Scotland.

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Unfair Dismissal: 4 Factors that Make or Break a Claim of Unfair Dismissal

Employers use disciplinary procedures to inform employees that their performance isn’t to the standard expected and to monitor and encourage improvement. However, when not used or conducted appropriately, if dismissed an employee may have an arguable claim for unfair dismissal (if they have two years continued service), regardless of how blatant their misconduct.

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What is Property Litigation?

Property law is the area of law that governs the various forms of ownership and tenancy in real property and in personal property. In Scots law, the distinction between real rights and personal rights is of utmost importance. Real rights include ownership, lease and security. For example, if someone owns a car, the legal position of that person is that he has a real right (of ownership) over a thing (the car). Legally, we could say that the individual has a real right of ownership in a car.

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UBER Driver Case – UBER decide to appeal

Following on from the previous blog UBER Driver Case – Tribunal finds that they are “workers” on 28th October, UBER have announced that they will appeal against the decision of the Employment Tribunal to the Employment Appeal Tribunal. The Employment Tribunal found in favour of the Claimants that they were workers and so entitled to certain employment rights in contrast to UBER’s position that the drivers were self-employed.

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