Monthly Archives: November 2014

Pleadings, Pitfalls and Party Litigants – Running Your Own Court Case

Courts are intimidating environments, and if you find yourself having to go to court to settle a dispute – either as the Pursuer or the Defender – you would be well advised to instruct a solicitor.  Of course, on some occasions this will not be possible.  You may simply not have the funds or inclination to pay a solicitor, or view the sum being sued for as so small that it is not worth going to the expense of hiring a professional.  You may be eligible for legal aid funding for a solicitor.

This brief guide is designed to highlight the current differences in procedures in Scottish Sheriff Courts with respect to “pleadings” and “fair notice”, and what these might mean for you when bringing (or defending) a claim on your own.

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The Land Registration etc. (Scotland) Act 2012 – Scottish conveyancing’s coming of age.

Heritable property law in Scotland has undergone a turbulent period of reform within the last 35 years. From introduction of the Land Register in 1979 to the abolition of feudal tenure in the imaginatively named Abolition of Feudal Tenure etc. (Scotland) Act 2000, there has been a clear intention to simplify conveyancing. The Land Registration etc. (Scotland) Act 2012 aims to modernise the law further and will have a major impact on Scottish conveyancing practice on 8 December 2014 when the Act comes into full force. Given that for many Scots, the purchase of heritable property represents the most costly and significant investment they will ever make, any change to heritable property law, whether substantive or administrative, will naturally have a significant impact across society-at-large. So what does the Act do?

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Silence Isn’t Golden When it Comes to Managing Client Relationships

You are in for a treat today, while I’m away at the ILN’s Regional Meeting of the Americas – we have a very special guest post! We’re welcoming Joanne Thorud, the Director of Marketing for the ILN’s Boston member, Davis, Malm & D’Agostine. She’s talking about one of my favorite subjects – client service – and shares with us an excellent post on why communication is so important in keeping clients happy.

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Last week, I attended the Legal Marketing Association New England’s annual regional conference in Boston. The theme of this year’s conference was Simplify to Maximize. There were a dozen programs and over 30 speakers who presented topics focused on cutting through clutter and static and delivering clear and concise messages. One message that resounded in almost every program I attended was communication is key to maximizing client relationships. It is not a new or revolutionary concept, but it is extremely relevant, especially in today’s legal climate.

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Can trusts be trusted in the event of divorce?

Preserving family wealth is uppermost in many families’ minds.  Therefore, knowing how structures created to hold family wealth will perform in the event of a family member divorcing is crucial.
Unfortunately, the treatment of trusts on a beneficiary divorcing is to some extent uncertain.  The legislation is clear enough: anyone with an irrevocable, fixed interest in a trust (e.g. life tenant/capital remainderman) can have their interest transferred to their spouse or child in the event of a divorce or separation.  The terms of ‘nuptial settlements’, be they discretionary or fixed interest, can also be varied to permit a spouse and/or children to benefit.  Therefore, trusts that want to remain outside the divorce courts will take care not to be regarded as nuptial settlements. 
However, this can be difficult to achieve as, if there is some connection between the trust and a spouse to the marriage, in that capacity, the court has shown itself to be capable of some creative thinking if it decides that it needs to find that a trust is a nuptial settlement.  There is no statutory definition of a nuptial settlement for these purposes – the matter is entirely caselaw driven, so the boundaries of what constitutes a nuptial settlement are still being explored.
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TARK GRUNTE SUTKIENE advised Citycar OÜ on the sale of a share in Jazz Pesulad

Citycar OÜ sold its 38.5% share in Jazz Pesulad. Jazz Pesulad is a car wash chain that is based on Estonian capital and offers various vehicle cleaning services. Jazz Pesulad was founded in 2003 with an innovative and modern concept of car washing services.

Citycar OÜ, founded in 2003, focuses on car dealership market and has its main cooperation partners in South-Germany.

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"Republicans See an Upside to a Government Shutdown Over Immigration," Steve LaTourette quoted in the Government Executive

President Obama will act unilaterally on immigration Thursday night, a move that will spin Republicans into a frenzy as they access their options to stop the administration from halting the deportations of millions of undocumented immigrants.

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"Perry Village officials name park roadway after LaTourette," The News-Herald

He helped Perry Village officials build their first and only park 13 years ago, and soon park-goers will see Steve LaTourette’s name when they drive into Lee Lydic Park.

Perry Village Council approved a motion by Mayor Vicky Stevens at its Nov. 20 council meeting to name the asphalt road that wraps around major parts of the 25-acre park “LaTourette Way.”

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Multistate Tax Update — November 20, 2014

California: Berkeley will tax sodas and other sugary beverages, San Francisco will not

On November 5, 2014, the LA Times proclaimed the City of Berkeley’s Sugary Beverages and Soda Tax, Measure D, to be a success; about 75 percent of voters backed it. The penny-per-ounce tax affects the following sugar-sweetened beverages sold in the city:

 
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Nyt krav på vej om registrering af selskabers ejerforhold i offentligt ejerregister

Med henblik på at skabe mere åbenhed og gennemsigtighed vedrørende danske selskabers ejerforhold skal alle danske aktieselskaber, anpartsselskaber, iværksætterselskaber og partnerselskaber fra den 15. december 2014 registrere deres ejerforhold i et offentligt ejerregister.

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Viborg Kommunes køb af reklamer på Viborg Stadion af Viborg FF A/S

Viborg Byråd traf beslutningen om, at Viborg FF i en femårig periode må benytte eller sælge stadionnavnet til Viborg Stadion, der ikke fremstår som økonomisk forsvarlig.

I marts 2014 fandt Statsforvaltningen, at der ud fra de i sagen foreliggende oplysninger ikke var påvist en egentlig saglig kommunal interesse i den trufne beslutning, men at beslutningen nærmere og i det væsentlige syntes båret af hensynet til at give Viborg FF A/S en økonomisk håndsrækning, hvilket ikke er lovligt. Viborg Byråds beslutning fremstod derfor ikke som økonomisk forsvarlig.

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