UK

Miller Samuel Hill Brown are delighted to announce that we have been named as one of the top 40 Scottish legal practices in ‘The Times Best Law Firms 2022’ published last week. The annual listing commended the firm based on recommendations by our peers and a particular commendation was extended to our employment team. Read more…

With COP26 descending on Glasgow this week our attention turns to world leaders to explain how they intend to address the ever—growing concerns around the impact that the human race has had on our planet.

On 3^rd November 2021 Rishi Sunak described a policy which will see most large UK firms and financial institutions instructed to put together a detailed plan (by 2023) which sets out how they intend to reach the UK’s net-zero emission target by 2050.  A notable concern for many will be whether or not businesses take these matters seriously or if they simply pay lip-service to satisfy their legal obligations.  While the latter may be possible, it is likely to put businesses who do so at a substantial disadvantage. Read more…

With COP26 having now begun in Glasgow, we at Miller Samuel Hill Brown have been considering the impact of our business operations on the environment, along with many other business and individuals across the United Kingdom and the world. While as a law firm in the services sector our impact is minimal when compared with other sectors (such as manufacturing), that is no excuse to avoid making change ourselves. We have therefore considered what further steps we can take as we work towards minimising our impact on our shared environment. As a result of this review, we have redrafted and updated our environmental policy, the centrepiece of which is our ambitious target to be a net-zero firm by 2035, 10 years ahead of the Scottish Government’s target for Scotland to be net-zero by 2045. We are already taking steps towards that goal and are confident that we will surpass our target.  Read more…

As 30,000 delegates descend on Glasgow our hospitality sector clients are hopefully in for a much needed boost in trade after an incredibly challenging period. In recognition of the event and in support of the trade the Glasgow Licensing Board, have granted a general extension to licensed hours which permits all premises selling alcohol for on-sales an additional hour trading throughout the duration of COP26 (31 October to 12 November 2021 inclusive). This is an automatic extension that operators can take advantage of without the need to make an application. Read more…

On 24 September 2021 the Government announced that there would be changes to the current laws on staff tips based on its findings from the Consultation on Tipping, Gratuities, Cover and Service Charges in 2016 (All tips to go to staff under government plans to enhance rights of 2 million workers – GOV.UK (www.gov.uk). When the legislation comes into force businesses will no longer be able to take any part of the tips (or service charges) given to staff. A change in the rules has become more urgent after the pandemic spurred a switch to cashless payment with 80% of all UK tipping now happening by card, making it easier for businesses to keep funds. Read more…

Following the tragedy at Grenfell Tower in London, the UK government have made it a priority to address the issue of unsafe cladding on residential units. In response, the government have announced that it would introduce a new tax levy in 2022 on the profits which large residential property developers make from UK residential development.

Housing Secretary Robert Jenrick said the new taxes would be to “ensure the industry takes collective responsibility for historic building safety defects”. Read more…

Following the breakdown of a marriage or civil partnership in Scotland, spouses have an obligation to support each other financially, based on what is reasonable in the circumstances. This form of financial support is known as aliment. Aliment is only payable whilst parties are still married or in a civil partnership. Once decree of divorce, or dissolution of a civil partnership has been granted, financial support in the form of aliment would stop. When determining whether aliment should be paid, or when trying to calculate the level of aliment that is reasonable, the following matters must be considered:

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The breakdown of a relationship, whether parties are married, in a civil partnership or a cohabiting couple is a very challenging time for all involved.  All parties must consider the financial implications of their separation and how the arrangements in respect of the children will be affected.  There are significant legal consequences when parties go through a separation, which is why both parties are always strongly advised to seek separate independent legal advice, where possible. Read more…

The local authorities are routinely enforcing access rights against residential, commercial and estate owners. It is therefore important for property owners to know their rights and responsibilities when it comes the Access Rights.

The Land Reform (Scotland) Act 2003 creates a unique set of access rights to cross land provided it is for the following:

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