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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.
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. 
A legal dispute has erupted between Kilmarnock Football Club and a local firm of bakers over ownership rights to the name of a popular football snack – the ‘Killie Pie’, reports the BBC.
As many as one in ten private landlords have no formal tenancy agreement in place with their tenants, according to new research by Direct Line for Business.Worryingly, the research also found that where contracts are in place, landlords may unwitting
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.
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 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.
A trio of banking groups along with BNP Paribas and Goldman Sachs have paid over $1.2 billion dollars in a class action settlement after they admitting to rigging currencies.As a result of the outcome of the class action, it is expected that similar
A recent case from Edinburgh Sheriff Court has shed new light on the correct approach in dealing with claims raised by the various non-domestic water and waste water service providers in Scotland.
A leading litigation funder, Bentham Funders, has revealed that they have set up a fund for shareholders in Tesco to take legal action against the supermarket giants.As a result of the formation of the fund, the courts will decide if shareholders and
The phrase “without prejudice”, or longer versions, often appear in letters that concern disputes and litigation.  The aim of without prejudice (WP) correspondence is to allow parties to a dispute to try to settle a dispute before having to go t
A court case will invariably come down to a question of fact, or a question of law – or, if you are particularly unlucky, a mixture of both.  Questions of law can be decided by way of legal debates, with solicitors or advocates arguing over the
The late payment of commercial debts can have a detrimental impact on any size of business, but perhaps more so for a smaller business where cash flow is more likely to be reliant on the timeous payment of invoices.The enactment of the Late Payment o