Permitted development rights in planning

Agriculture and forestry have benefited from widescale exemption from the need for planning permission, although that has been eroded by the extension of the prior notification system. New permitted development rights might be introduced as part of the ongoing review of the Scottish planning system.

A recent enforcement notice appeal decision is a reminder that legal advice may be required on the extent of permitted development rights in planning.

What can you do if sheep worrying affects you?

There have been a number of reports in the media recently in relation to livestock worrying so, with sheep particularly at risk during the spring lambing period, what can you do if sheep worrying affects you?

Yours or Ours? Farming in Partnership

Jack v Jack 2016 CSIH 75 is a divorce case but has found itself on the radar of those in the rural sector because it concerns a farming partnership. The two central issues for the Judge at first instance and the appeal court were (a) whether the farmland was partnership property and (b) to what extent Mr Jack’s interest in the firm was matrimonial property. It is essential for those involved in structuring land and rural business transactions to know whether assets are personal property or property belonging to a partnership.

The right culture: creative sector governance with a wider reach

We recently ran a set of seminars looking at governance points for the cultural sector. The backdrop to the seminars was the latest window for Creative Scotland Regular Funding applications. The sessions took account of the governance expectations of that application process, as well as a new Annual Return question posed by the Office of the Scottish Charity Regulator.

Museums and galleries tax relief

1 April was the key date for Museums and Galleries Tax Relief. It will formally come into being when the Finance Bill receives Royal Assent. We look at the relief and ask, "is your legal structure ready to make best use of the relief?” At the foot of this update you will also find a free opportunity to discuss the possibilities of this new tax relief as it applies to your organisation. 

Councillor Code of Conduct changes pending

The Scottish Government recently consulted on amendment of the Councillors’ Code of Conduct (“the Code”) so that councillors who represent their councils on the board of an external organisation – which includes charities, ALEOs and voluntary organisations – would not be prevented, solely because of their membership of that body, from participating in council discussions on certain matters in which that body has an interest.

A SAAMCO for solicitors?

For those litigating on professional negligence claims, few will need a detailed explanation of how SAAMCO changed the landscape. A new decision from the Supreme Court may have a similar impact for those dealing with claims against solicitors in particular.

The Discount Rate – Scotland follows England & Wales to -0.75%

Announced on 27 and in force from 28 March 2017, the Scottish Government has followed the UK Parliament and fixed the discount rate for lump sum future loss payments in personal injury claims at minus 0.75%. The Damages (Personal Injury) (Scotland) Order 2017 is very brief and does nothing more than fix the new rate, but as Scotland is a few weeks behind England and Wales  let’s look at the experience there so far, and how it might be seen north of the Border.

Pursuers' offers arrive in Scotland on 3 April 2017

Parties litigating regularly in England & Wales will be very familiar with the ability of both claimants and defendants to seek to protect their respective positions by use of a Part 36 offer. A change in the Scottish rules of court will introduce “pursuers’ offers” from 3 April. What will that mean for defenders and insurers in Scottish claims?

Title Indemnity Insurance

What is Title Indemnity Insurance (TII)?

TII is a type of insurance which can be put in place in order to protect the owner of a property with a legal defect in their title against potential financial loss. TII is an alternative to remedying the defect and, in appropriate circumstances – usually where there is a low risk of actual loss – it can be the most cost-effective and time-efficient way of dealing with the issue.