MSHB

When friendships become commercially entangled and contracts are breached, rest assured, not all hope is lost! Our recent case highlights the complexities that can arise when personal relationships intersect with business interests.   Case Overv...

Most legal systems around the world have a limit whereby the Pursuer must raise a claim; this is widely known as time bar. Alternatively, in Scotland, it can be known as prescription, and in England, it is known as limitation. This is a key factor to...

The Bankruptcy and Diligence (Scotland) Bill, passed on 6th June 2024, is an Act of the Scottish Parliament which has significantly modified the Bankruptcy (Scotland) Act 2016 to establish a mental health Moratorium. This Bill addresses debt recovery

What was the Eviction Moratorium in Scotland? The Tenant Eviction Moratorium came into place in 06 September 2022 by the Cost of Living (Tenant Protection) (Scotland) Act 2022 which meant that Landlords could still take steps toward evicting tenants

Last year, Scottish insolvency activity reached its highest level in over a decade.[1] 1,132 firms became insolvent in Scotland highlighting the real impact of the financial strains that many businesses are facing. There are numerous factors that hav

Over the past few months, Santa and all of his elves have been hard at work at their North Pole workshop organising gifts for all the good boys and girls across the world. However, before Santa gears up for the logistical challenge of delivering pres

Miller Samuel Hill Brown is delighted to announce the promotion of David Phinn to the position of Senior Solicitor in the Litigation & Dispute Resolution Department. David Phinn joined the firm in August 2019 as a trainee solicitor and qualified

In Scotland, judicial review is the court process by which a Sheriff or Judge has the power to review a decision of any person or body entrusted with a jurisdiction, a power or any authority – in order to ensure that the person or body does not excee

  With it being the height of summer, many homeowners have taken to their back gardens to enjoy the sun. For many people this enjoyment includes a revamp of their open space with the likes of gardening, building sheds, erecting fences or plantin

As a landowner, you may have heard of the term ‘public right of way’ and wondered what it means. A public right of way is an area of land that is open to the public for passage, such as a path or roadway. In some cases, this right of way may be established through legal means, which can be complicated and frustrating for property owners. In this article, we will discuss what public right-of-way claims are and how to prevent them.

As landlords and tenants alike will be aware, there has been a temporary ban on rent increases for those subject to a private residential tenancy since September 2022. This was part of the Scottish Government’s emergency response to the ongoing Cost of Living Crisis (The Cost of Living (Tenant Protection) Act). 

Perhaps the highest profile case in the global litigation sphere of late was that of actor and owner of lifestyle brand Goop, Gwyneth Paltrow. Following a skiing accident in Utah in 2016, retired optometrist Terry Sanderson raised an action against the Academy Award winner seeking damages of $300,000, having previously failed in an action against her for $3.1m.