Tag Archives: Miller Samuel

ILN Today Post


The Scottish Government has now published a route map, which details a four phase approach to the removal of lockdown restrictions.

As to timings, there’s speculation the implementation of the changes will coincide with the three-weekly lockdown review cycle. Therefore, we might expect licensed outdoor areas to reopen in the second half of June. It’s anticipated that the re-opening of court and tribunal buildings (with limited business and public access) will happen before this in Phase 1, which begins today.

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ILN Today Post

Merger & partnership with Hill Brown Solicitors & Miller Samuel LLP

We are delighted to inform you that as of today, Monday 29th February, Miller Samuel LLP and R & JM Hill Brown & Co Ltd have merged to form Miller Samuel Hill Brown LLP.

This exciting new partnership brings together two of the city’s long established and respected legal firms, creating a new legal entity boasting 13 Partners and over 45 lawyers and support staff at our home in Renfield Street, Glasgow.

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Compensation Awarded Following Cancer Misdiagnosis

A woman has been awarded £900,000 in compensation after an aggressive form of mouth cancer went undiagnosed for over a year, reports the Manchester Evening News.

Andrea McNicholas, who is 49-years-old, had been referred to hospital by her dentist in June 2010 after raising concerns over a small hole in her mouth that refused to heal. An MRI scan and biopsy were carried out, but the results were never disclosed and she was prescribed antibiotics.

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Summary Dilligence

In Scotland, the group tasked with enforcing judgments (and some other debts) are Sheriff Officers, or Messengers-at-Arms for the Court of Session.  Usually, their role begins once you have had your day in court and been awarded your decree (judgment).  However, it is possible on occasion to have Sheriff Officers proceed with enforcement action on the strength of some other documents, such as guarantees or leases.  This article will focus on those other documents.

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Government Consults over Reforms to Public Sector Redundancy

The UK Government has launched a consultation exercise over plans to modernise public sector redundancy rules.

The Government says that its proposals will reduce the cost of pay-outs and ensure greater consistency between workforces across the public sector.

Currently, redundancy payments vary across the public sector, even for people with similar levels of pay and length of service. The proposals in the consultation will put pay-out terms between different workforces on a more equal footing, ensuring a fairer deal for public sector workers.

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Advice on Limiting the Role of HR in the Disciplinary Process

A recent case has highlighted the importance of restricting or clearly defining the role of HR in the disciplinary process. Failing to do so could leave an employer with an unfair dismissal on its hands.

In the aforementioned case, employee Mr Ramphal was being investigated by his employer regarding expenses and his use of hire cars. Mr Goodchild, the manager responsible for conducting the investigation, was inexperienced in conducting disciplinary proceedings. As such, he relied heavily on support from the HR department. In his draft report, he made a number of findings in favour of Mr Ramphal, and his initial conclusion was that Mr Ramphal’s actions amounted to misconduct as opposed to gross misconduct. Mr Goodchild then determined that a written warning would be the appropriate sanction. However, the HR department became involved and removed the positive findings, meaning that a finding of gross misconduct was determined and Mr Ramphal was dismissed.

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How to Change Your Name in Scotland

In Scotland, anybody is allowed to change his or her name legally at any time, provided that this is not an attempt to defraud. Changing your name by Deed Poll is relevant in English law only.

Statutory Declarations

Although you can change your name informally in Scotland, some agencies, such as Banks and the Passport Authority may ask for proof to show the connection between your new name and your original name. A Statutory Declaration is a signed document declaring that, from a stated date, an individual has been using the new name. It must be signed in the presence of a Notary Public or local Registrar. A parent can sign a declaration on behalf of a child under 16 years of age.

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Monitoring Private Communications not a Breach of Human Rights

European judges have ruled that employers are entitled to read private communications sent using an employer’s IT system over the internet during work hours.The European Court of Human Rights (ECHR) ruled that a company that read an employee’s messages sent through Yahoo Messenger while he was at work were within their rights to do so.

The ruling comes as a result of Barbulescu v Romania, in which an employee (Barbulescu) set up a Yahoo Messenger account for professional use and to communicate on behalf of his employers. When he established the account, he had been notified that his communications could be monitored. He was later dismissed after he was found to be breaching use of this account. 

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FATHERS – How do I obtain parental rights and responsibilities?

1. If your child’s mother agrees you should have them.

If you both agree that you should have parental rights and responsibilities, then you simply require to complete a form which is signed by the mother.

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Making Settlement Agreements Work – 5 Tips for Employers

Settlement agreements can be a useful, and mutually beneficial, way of bringing a contract of employment to an end or resolving a dispute with an employee. Settlement agreements provide the opportunity to control a situation and draw a line under an issue at an early stage, avoiding the inconvenience and cost of going to an Employment Tribunal, giving you more time and resources to devote to your business. However, to get these potential benefits it’s important to take a comprehensive approach. In this post, we look at some of the issues employers should look out for when considering use of a settlement agreement and suggest five tips for making sure your settlement agreement is effective. 

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