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Miller Samuel Hill Brown Solicitors Blog

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

“...this does not affect your statutory rights” – an explanation

The last time you were in a shop you may have seen a sign at the checkout that sets out the store’s returns policy.  You may have also noticed that the sign will have had a fairly mysterious phrase, to the effect that the returns policy “does not affect your statutory rights”.  Whilst this may be some comfort, people may be hard pressed to explain exactly what this means.  This article aims to briefly set out the main rights that ordinary shoppers have if something goes wrong. 

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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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Recent UK Supreme Court Cases

This post focuses on three recent UK Supreme Court decisions – Marks and Spencer plc v BNP Paribas Services Trust Company (Jersey) Limited [2015] UKSC 72, Cavendish Square Holding BV v Talal El Makdessi, and ParkingEye Limited v Beavis [2015] UKSC 67. The latter two cases related to the same legal principles.

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Reform in the Private Rented Sector: The Private Housing (Tenancies) Bill

The Scottish Government have recently published the Private Housing (Tenancies) Bill providing an overview of the proposed developments in a sector where the need for more regulation has been inevitable for some time. The proposed changes are intended to provide tenants with ‘greater security and stability in their home and community’ as well as providing reassurance to Landlords that their Tenants will treat their property as a long-term home rather than somewhere temporary.  It is also likely to be the case that the Private Rented Sector in Scotland will see the Bill replace short assured tenancy and assured tenancy for all future lets.

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