•Motorcycle Accidents Checklist!
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Motorcyclists are particularly vulnerable road users, with other motorists, pedestrians, weather conditions and road surfaces all potential hazards. And with such little protection, motorcyclists and their passengers are substantially more at risk than other road users. In fact, it is considered that a motorcyclist is 40 times more likely to suffer a fatal injury than a car driver.
There are, therefore, a number of ways a motorcycle accident can happen. Some of the most common types of...
•Commercial Leases: Permitted Use Of Premises
Commercial leases will always include a 'permitted use of premises' clause. This is an important element of the lease for both landlord and tenant, as it sets out exactly how a commercial property may be used. In this article we take a closer look at the permitted use of premises, highlighting information you need to be aware of.
Permitted Use of Premises Clause.
A 'permitted use of premises' clause dictates what purpose the commercial premises may used for, thereby allowing the landlord to...
•Collaborative Family Law - An Amicable Way For Couples To Separate
Most separating couples will want their solicitors to try to negotiate an acceptable settlement on their behalf, and if that does not work one of them may take it to court for a judge to decide. An experienced Family Law Solicitor should be able to negotiate in a way that minimises conflict as much as possible. However, no matter how hard everyone may try, in many cases couples inevitably become polarised into two opposing sides, which makes it much more difficult to negotiate a settlement,...
•Supreme Court Rules In Favour Of Asbestos Claims
Insurance companies who wanted to prevent people in Scotland claiming for an asbestos-related disease have failed in their legal bid.
On 12 October, The UK Supreme Court dismissed the appeal by insurance companies, a decision which will now allow people affected by pleural plaques to claim compensation for their injuries.
The ruling is the latest stage in what has been a long-running battle between victims of pleural plaques and insurance companies.
In 2009, MSPs issued the Damages Act...
•Irritancy Of Commercial Leases
When you enter into a commercial lease, it is vital you understand what is meant by irritancy. This is because it is a very powerful weapon a landlord can adopt to evict a tenant who is breach of their contractual obligations. So whatever your position (be it a landlord or a tenant) you need to know how the irritancy process works, what the law says, and whether or not you can rely upon legal protection.
What is Irritancy?
Irritancy is a common type of eviction procedure that a landlord may...
•Compensation For Phone Hacking Is Not Limited To The Rich And Famous
Perhaps the single most controversial issue to hit the media this year is phone hacking, because it involved celebrities and politicians and directly led to the closure of Britain's biggest selling Sunday newspaper, The News of the World.
Somewhat less publicised is the near certainty that this practice is also used, from time to time, on the man (or woman) in the street. Typical examples might be bosses checking on employees with poor sickness records, husbands or wives suspicious that their...
•Family Mediation In Scotland
If your relationship is ending in separation or divorce, you and your ex-spouse will be facing a number of decisions. Amongst other things, the division of assets, matrimonial property and the day-to-day care of children will all need to be arranged.
If it is not possible to do make these arrangements amicably, some may automatically assume the next step is to take legal action through the courts. However, there is another option available, as it may be possible to work through your...
•How To Make A Personal Injury Claim
If you have suffered an injury in an accident that was not your fault, you could be entitled to make a personal injury claim. If you are thinking of doing so, read on to find out just how the claims process works in Scotland.
7 Steps To Making A Claim.
There are seven steps which make up the claims process:-
1. Record the accident.
Immediately after the accident, the thought of taking legal action will probably not enter your mind. Even so, it is good practice to follow certain protocol...
•Ending A Commercial Lease
Commercial leases are a complex area of the law, and terminating a commercial lease can be complicated. That is why whether you are a landlord or a tenant wishing to end a commercial lease, you need to seek legal advice you can trust. Otherwise you may encounter a number of difficulties along the way.
What Does It Say In The Lease?
If you have a fixed-term tenancy, the lease will specify the date upon which the tenancy will end. However, even with a date of expiry stipulated in the lease,...
•Local Council Statutory Notice Concerns
Many people in Edinburgh will have been following the recent news stories about possible corruption in the City Council's building works department with mounting concern.
The accusations concern the way in which the Statutory Notice system operates. To put it simply, if the council notices that a building is in need of repair, it serves a Notice on the proprietor or proprietors, requiring them to carry out repair works within a certain period of time. Very often the proprietors ignore the...
•Commercial Lease Disputes
Despite the presence of a written contract outlining the rights and responsibilities of each party, there are still many occasions in which a landlord and his tenant will disagree upon a certain issue. For example, a dispute may arise due to delayed rental payments, service charges, disrepair of the property or termination of the lease. Whatever the origin of the dispute, it is important to know what your options are, as it may be possible to resolve the problem without having to go to court....
•Financial Provision On Divorce
Unfortunately not all divorces run smoothly, with many couples unable to agree upon a final settlement. For many, the particular sticking point will relate to financial provision, without which one party may face significant economic hardship.
Reaching an Agreement Outside of Court.
When a marriage breaks down, the separating couple will need to reach an agreement upon a number of things, including the division of assets, child care and matrimonial property. If a mutually acceptable...
•Public Place Accidents
Every year, thousands of people suffer as a result of a public place accident. Often this can have a devastating affect, potentially causing someone to struggle with serious physical harm alongside a loss of financial expenses. If this situation sounds familiar, you need to find out who was responsible for your accident, as you might be able to claim compensation.
Who is Responsible for Your Accident?
In most cases, a public place will either be privately owned (such as a supermarket or a...
•The Divorce Process in Scotland
There are two possible ways of filing for divorce in Scotland - the simplified divorce procedure and the ordinary divorce procedure. Which one you use will depend upon your individual set of circumstances:-
1. Simplified Divorce Procedure.
When both partners in the marriage agree to divorce, including the grounds for divorce, it is said to be 'uncontested'. In this event, it will be possible to use the simplified divorce procedure. You will, however, need to meet the following criteria:-...
•Why Get A Pre-Nuptial Agreement?
Before a couple enter into a marriage or a civil partnership, they may want to consider drawing up a pre-nuptial agreement to set out how assets should be divided should their relationship breakdown in the future.
Previously, pre-nuptial agreements (sometimes known as ante-nuptial agreements) were only popular when one half of a couple was worth substantially more than the other. This is, of course, still the case, as with a prenup in place the finances and assets of that person would be...
•Personal Injury - An Overview
If you have suffered an injury as the result of someone else's mistakes, then you will probably have many questions running through your mind, such as: How are you going to pay for medical expenses? How will you cope if you cannot return to work? And is there anything you can do? This article explores these questions, providing details on the different options available to you.
What Is A Personal Injury?
A personal injury is when someone sustains an injury which was caused due to the...
•Evicting a Tenant From Commercial Property
When a tenant of a commercial property falls behind on their rent, it is likely a landlord's patience will quickly run thin and action will be taken to obtain the outstanding debt. This can either be done through the courts, or by other means (such as summary diligence or contacting the guarantor).
However, if such measures to collect rental arrears fail, then a landlord may want to consider the possibility of eviction.
Evicting a Tenant: What Action Can You Take?
Evicting a tenant from a...
•Your Right To Compensation For A Poorly Wrapped Holiday Package
The worry among many of those travelling abroad to grab their annual two weeks in the sun is that their aircraft will experience some catastrophic failure while in the air. Statistically speaking, however, the chances of some relatively minor - but still holiday-spoiling - incident are infinitely greater, whether during the flight, at the airport or within the holiday accommodation. This is why people take out travel insurance - not because they expect to make a claim but because a policy...
•A Message For Non-Resident Parents Subject To A Child Support Agency Order
At current rates of interest any saver with a no-risk investment will be lucky to get a return of 4 per cent per annum - and even to achieve that the money would most probably need to be locked into a three- or four-year bond.
But parents living apart from their children (which in most cases means fathers) will be surprised to hear that according to the Child Support Agency they are obtaining a return of 8 per cent from savings or other capital-producing investments worth more than £65,000,...
•New Protection For Home Owners In Mortgage Arrears
The public is constantly being warned that they will be indirectly bailing out the banks through their taxes for many years to come.
But perhaps a more immediate consequence for the man in the street is a desire by most lenders - and not just the two big banks rescued by government - to reduce their levels of toxic debt. In short, lenders are getting tougher with homeowners in mortgage arrears. Inevitably, respectable folk with relatively small levels of arrears who are behind in their...
•Ten Top Tips For A Happy Christmas
January is traditionally one of the busiest times of the year for Family Lawyers. The volume of new clients seeking advice on divorce is higher than at any other time of the year. There are no doubt many reasons for this marital strife but the prolonged holiday period, stuck in the house in bad weather together, constant pressure to have a jolly time and the arrival of the first heavy Credit Card bills of the New Year due to the extravagant Christmas spend all conspire to widen existing...
•Arbitration Just Got Easier
One of the most common myths about civil lawyers is that they "pan out" cases, on the basis that the longer something takes to resolve the more the parties involved can be charged. In reality, the interests of solicitors - as well as that of their clients - dictate that they provide legal representation that offers the best chance of satisfaction with relative swiftness. It is on this policy that reputations are earned and is the means by which reputable, small- to-medium practices prosper....
•Holidays From Hell
By Richard Godden
"It is better to travel hopefully than to arrive," Robert Louis Stevenson once famously wrote. These words will be ringing in the ears of some holidaymakers as they return from their summer break with tales ranging from disappointment to near-on disaster. Do they have a case for compensation or is it not worth bothering with? Here are my top ten tips on seeking recompense for a holiday that went wrong.
INSURE YOURSELF - The best tip of all is to take out insurance against...
•Contact And Other Rights For Relatives Other Than Parents
By Sheila Byth
The Scottish courts have always recognised that parents are not the only family members that children have valuable relationships with. There are also grandparents, aunts and uncles, siblings and other relatives to be considered, and solicitors are often asked to obtain orders from the court enabling these other family members to have regular contact with children or for other orders to be granted.
To get the legal terminology straight, contact is the right to have contact...
•Can You Really Remove The Fear Of Financial Disaster If Your Legal Claim Fails?
? For many ordinary members of the public, the motivation for going to law is a burning quest for justice and a genuine need for compensation.
What tends to put many people off the idea of seeking satisfaction in the courts - no matter how 'wronged' they may feel - is a fear that should the judge's decision not go in their favour, a bad situation may be made even worse as a result of being found liable to pay the other side's heavy legal costs. Their solicitor may have been happy to do the...
•Vehicle Damage Due To Poor Road Surfaces - Pot(hole) Luck Or Do You Have A Claim?
Vehicle Damage Due To Poor Road Surfaces - Pot(hole) Luck Or Do You Have A Claim? In the wake of the harshest winter for several decades and continuing local authority cutbacks, the level of complaints from motorists about the state of our roads is growing rapidly. Therefore, if a vehicle sustains damage while travelling along a poorly maintained road and the cost of repair is substantial, can its owner make a claim against the local authority?
Damage to cars and other light vehicles...
•Should You Tell If The Neighbours Are From Hell?
? Despite the most serious downturn in the housing market in living memory, 360,000 households still upped sticks and moved last year - all because of their neighbours.
Indeed, an inability to get along with the folks next door accounted for 10 per cent of all house moves, according to a survey by Halifax Insurance.
Also according to Halifax Insurance, one in three neighbours have - or have had - a dispute of some sort and the latest figures are up by a third in the last two years....
•It's Unlawful for Councils to Give Litter Complaints the Brush Off
Do you ever feel that the more you pay in council tax the less you receive in return?
This summed up the feelings of one group of concerned Edinburgh residents in relation to services provided by the city council, or at least one of its departments - environmental services or, as it was called in simpler times, "cleansing".
They all lived in the same residential street and, over time, had become increasingly concerned by the build up of litter on the pavement and roadway outside their...
•Protection of Assets For the Elderly - You Earned It, Now Make sure you Keep It
Despite the credit crunch many people can still look forward to a long and comfortable retirement on the strength of sound financial assets built up during their working lives.
Consequently, I have found that the firm of solicitors I work for is receiving an ever-increasing number of instructions for advice to provide "asset protection for the elderly". Most commonly these assets involve a main home (mortgage free), pension fund, stock market investments and Premium Bond, ISA and other...
•Bullying in the Scottish Workplace
Shortly before Christmas the British press reported what can only be described as a humdinger of a case in the Employment Tribunals. What made this one stand out was not only was the alleged 'bullying boss' a woman, and the complainer a man, but that she had once been invited by Tony Blair to head a task force set up to promote women in business. That, and the revelation made in court that this boss from hell had gone through 27 personal assistants in two years.
I can fully understand why a...