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Dallas McMillan's Glasgow Lawyers' Blog
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The UK Intellectual Property Office (IPO) has issued a Tribunal Practice Notice confirming that, where a trade mark registered in black and white form has been extensively used in a particular colour or colours, the court can take this into account when it is considering issues of likelihood of confusion, detriment and unfair advantage. It […]
We are sure all residential Landlords and their Agents are aware of the necessity for lodging deposits within an independent entity. However, are you aware that even if you overlook this by mistake or may have agreed otherwise with the Tenant, the provisions relating to penalties are harsh? If the Tenant goes to Court, the […]
Dallas McMillan are pleased to have been involved in two recent developments converting offices into residential flats in the Park area of Glasgow with all properties being sold. Their involvement included visiting the property, drafting the necessary Deeds of Conditions and documentation in conjunction with the sales of the property by Iain Williamson of Ivy […]
Tougher penalties for employers who fail to fulfil their duties in protecting employees from injury and illness should be welcomed, the Institution of Occupational Safety and Health (IOSH) has said. Changes introduced under the Health and Safety (Offences) Act 2008 have led to more cases being tried in the lower courts, higher fines handed out […]
If you are injured in an accident and successfully conclude a claim for damages, it is worth considering the impact this could have on your financial situation. If at the time of the accident you are in receipt of means tested state benefits, a lump sum could have an implication on these benefits. This will […]
The Waste (Scotland) Regulations 2012 require an organisation’s waste to be separated into paper, card, plastic, metals and glass for collection. For ‘organisation’ read – any body which is not a household. Those failing to comply with the new legislation which came into force on 1 January risk a maximum fine of £10,000. Any fraction […]
At the beginning of 2013, the UK Government (“Government”) launched a consultation seeking views on the future of The Company and Business Names (Miscellaneous Provisions) Regulations 2009 (“Regulations”). Its aim was to identify opportunities to improve and simplify the current system. The Government’s response to the consultation was published in December. The overall aim of […]
So we are the start of yet another a new year but I wonder how many of you have made a new year’s resolution and whether this includes finally getting round to making that will or power of attorney you have been thinking about but putting off for so long. After all, we are not […]
The right of workers to be accompanied by a companion chosen by the worker, not the employer, has been reinforced by a recent decision by the Employment Appeals Tribunal in the case of Roberts v GB Oils. In terms of the Employment Rights Act 1999 s10(1) and(2), a worker can “reasonably request” to be accompanied at […]
Male drivers are being urged to get plenty of sleep and take regular breaks, as research from Brake and Direct Line reveals a horrifying 45% admit ‘head-nodding’ at the wheel – meaning they have been asleep briefly, risking appalling crashes. Brake and Direct Line’s survey reveals: Tired driving kills at least 300 people on UK […]
The Health and Safety Executive (HSE) is urging businesses to focus on their legal responsibility to ensure lives are not put at risk and make the safety of workers their top priority for 2014. The fresh appeal comes as new figures show that 22 people lost their lives while at work across Scotland in 2012/13 […]
2014 will see a number of changes to employment law in Britain. The dates for some of the changes have yet to be confirmed although most of the changes are expected to happen around the traditional date of early April. Transfer of undertaking protection of employment (TUPE) A full consultation is expected to take place […]
Road safety charity Brake and Direct Line are appealing to party-goers to help prevent Christmas tragedies by standing up to designated drivers who break their promise by drinking alcohol. This puts their passengers and other road users at risk. Research released by Brake and Direct Line shows a huge shift in public attitudes towards drink […]
The National Institute for Health and Care Excellence (NICE) is calling on doctors and nurses across England and Wales to become better educated in how to safely care for patients who are given fluids through a drip (intravenous fluid therapy). Although thousands of people are likely to need a drip in hospital, NICE says there […]
Newly diagnosed victims of mesothelioma – the aggressive and fatal cancer caused by asbestos – are to receive help for the first time through a new support scheme, as part of a bill currently going through Parliament. The package will award over £350 million over ten years to around 3,000 mesothelioma victims across the UK […]
In a recent English case, a London sports club has pleaded guilty to section 1(1) of the Corporate Manslaughter and Corporate Homicide Act 2007, following the death of an 11-year-old girl who was taking part in a water sports activity in September 2010. Mari-Simon Cronje was attending a birthday party at the club, reports the […]
Virtually every day you open the paper there are articles about the property market, reporting, for example:- As a Solicitor within the private client department who is responsible for the marketing and selling of property through the GSPC, I have been aware of an increase in activity in the property market. However, the picture is […]
The BMA Scotland have warned that GP’s today are dealing with ever increasing workloads as the total number of GP practices in Scotland has fallen by 70 in the past 10 years. The decrease in practices and an estimated 10% increase consultations since records began in 2003 mean that there is an increased risk of […]
The Court of Session has reinstated a tribunal’s decision that an employee, dismissed for an alleged domestic assault on his partner (who also happened to be his colleague), was unfair under section 98 of the Employment Rights Act 1996. Since the dismissing officer expressly accepted that the employee had acted in self-defence, it could not […]
A national campaign launched by road safety charity Brake has called on drivers to tune in to road safety, to prevent appalling crashes caused by multi-tasking at the wheel. The campaign appeals to drivers to turn off their phones or put them in the boot, and urges everyone to refuse to speak on the phone […]