UK

SEPARATION AGREEMENTS

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…

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ACCESS RIGHTS IN SCOTLAND

The local authorities are routinely enforcing access rights against residentialcommercial 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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MENTAL HEALTH AND STRESS IN THE WORKPLACE

Research has consistently shown that employee stress levels have risen in line with the demands of the twenty-first century workplace.

The CIPD publish a survey on health and wellbeing at work, and reported in 2019 that mental ill health was increasingly prevalent as a cause of both short and long-term illness and remained one of the most common causes of long-term absence. They also reported a rising culture of presenteeism (people coming to work when unwell) which is harmful and which could be masking more deep-seated organisational issues that could be undermining health and wellbeing at work, such as unmanageable workloads (identified as by far the greatest cause of stress). The report noted that while employers can introduce exemplary wellbeing policies and make serious investment in employee health, these would not have a real impact unless people were managed well, with there being a supportive and inclusive culture and committed leadership. Unsurprisingly, the 2021 report found that the Covid-19 pandemic was a significant additional cause of stress and employers were reporting increasing concern for employee wellbeing as a result, although the report also indicated this has resulted in employers taking more steps to support employee health and wellbeing. Read more…

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WHAT HAPPENS TO JOINT PROPERTY WHEN COHABITATION ENDS?

Our previous blog covered Cohabitation Agreements and the protection that they afford cohabiting couples in the event of separation.  Another area which we felt it was useful to consider is what happens to joint property in the event of a cohabiting couple separating.

If you reside with your partner but are not married, the legal definition of this arrangement is known as ‘cohabitation.’  Cohabiting couples do not have the same protection in law as married couples, in the event of their separation or death.  This can prove to be very difficult for some couples particularly as, in practical terms, their lives operate in the same way as it would if they were married.  Many cohabiting couples own joint property together and have children together, but simply are not married. Read more…

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OUTER HOUSE JUDGMENT FAVOURS EMPLOYER CONTRACTS OF EMPLOYMENT

We welcomed a decision issued by Lady Wolffe in the Outer House of the Court of Session this week, regarding the enforcement of post-termination non-compete restrictions in a contract of employment.

Representing the pursuer, construction recruitment firm Apex Resources Ltd, the litigation team sought interim interdicts against three of its former employees who the pursuer alleged were in breach of the post-termination clauses in their contracts of employment. Read more…

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WHEN IS A PROMISE NOT A PROMISE?

Through our relationships with other people, we often make promises. You may promise to do something, or you may promise not to do something (you may even promise yourself you’re going to get fit once gyms re-open…!). But what does the law have to say about all of this: are promises legally enforceable? If you break a promise to yourself and find that you are firmly parked on the sofa rather than the gym, the only repercussion will be an expanding waistline. But what if you make a serious promise to a friend or relative – would that be legally enforceable if you renege on it? Read more…

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Distressed retail: The new landscape

The retail sector has been badly affected by temporary covid closures. But with this coming on top of major structural changes in the sector, the damage is extreme. We have seen mass closures and the disappearance from our high streets of many well known names. Some have been rescued but often by transforming them into businesses much more orientated to online sales and with less (or no) ongoing high street units. And we fear that there is more to come, particularly for  medium sized and smaller chains as they emerge from government temporary protections against creditor actions, supported loans and the furlough scheme.

This is a threat to many but an opportunity for others.

In the articles below our experts look into a variety of topics to be borne in mind by retailers or their prospective rescuers to navigate through this new environment.

We hope you find it useful.

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