Home Owner & Debtor Protection Act 2010 Takes Effect
27th August 2010
The Home Owner and Debtor Protection (Scotland) Act 2010, which improves the rights of mortgage borrowers facing repossession of their home on grounds of arrears, is due to take effect on 30 September 2010.
This new law will require mortgage repossession cases to call in open court, just like rent eviction cases, whereas previously lenders could obtain a repossession order by default. It will also impose pre-litigation conditions on lenders, who will have to satisfy courts that they have explored alternatives to repossession, and that repossession is the last resort and reasonable in the circumstances.
Renfrewshire Law Centre and the ...
Scottish Justice, £12 per Man, Woman & Child
7th July 2010
According to the Scottish Legal Aid Board (SLAB) the cost to the public purse for legal aid will increase to £156.7 million this financial year, up 4% on last year when it was £150.4 million.
This represents only slightly over £30 per head of population, compared to UK spending of, for example, £613 on defence, £1,419 on education, and £1,919 on health per head of population.
Criminal legal aid spending is projected at £103.7 million (up from £98.4 million), while civil legal aid (including so called Advice & Assistance) is projected at £61.1 million ...
Lawyers Face the Axe
15th June 2010
LAWYERS SEEK ADVICE ON NEW CAREERS AND REDUNDANCY
Originally published in Scottish Legal News e-bulletin, 15 June 2010
A charity that provides health support and advice to solicitors has reported a surge in the number of lawyers seeking information on redundancy and alternative careers due to the recession.
Figures for the beginning of 2010 from LawCare show that by far the most popular downloads from its website are those giving advice about potential new jobs for lawyers and job losses.
The charity has also received a rise in calls from every branch of the profession, including those employed in private ...
Supreme Court Considers Scots Law on Police Detention Powers
25th May 2010
The UK Supreme Court today begins hearing a human rights appeal that challenges the lack of a right to a lawyer when detained by the police in Scotland. As the law now stands, the police may detain a suspect for questioning for up to six hours without legal advice. Some critics say this breaches the European Convention on Human Rights, particularly Article 6, the right to a fair trial.
The case Is brought by Peter Cadder, a Scotsman who was convicted of assault partly for answers he gave in police interview before legal advice.
Last year the Scottish Criminal Appeal ...
Watch 'Cathy Come Home' on You Tube
1st May 2010
From the BBC's influential Wednesday Play series, Cathy Come Home, directed by Ken Loach, tells the bleak tale of Cathy, who loses her home, husband and eventually her child through the inflexibility of the British welfare system. The film led to the formation of housing charity, Shelter.
Click here to link to Cathy Come Home on You Tube.
Icelandic Volcano & Consumers’ Rights
22nd April 2010
On 20 April 2010 the Eyjafjallajökull Volcano in Iceland erupted, pouring a vast ash cloud into the sky over Europe, and causing havoc for travelers across the continent.
Airlines’ Duties to Travelers
If you are flying with an airline based in the European Union, then the company will be obliged by law to try to put you on an alternative flight or to find an alternative way home for you, and to refund you for any cancellation.
If your airline is based outside the EU, then you may not have the same level of protection but should nonetheless check ...
Scots Lawyers Vote No To Tesco Law Yet Profession Remains Divided
22nd April 2010
At a Special General Meeting of the Law Society of Scotland held yesterday, 21 April 2010, Scottish solicitors voted against the introduction of alternative business structures (ABS) in Scotland.
This is the opposite of the result obtained by a referendum of the profession as announced earlier this month.
In its current form the Legal Services (Scotland) Bill proposes ABS be allowed to set up and operate in Scotland. An ABS is a business managed by lawyers and other kinds of professional, e.g. accountants, bankers etc. Traditionally law firms could only be run by solicitors, and this is how many ...
Journal Publishes Response to Proposed Reform to Legal Aid
16th April 2010
Legal Aid Reforms Deny Civil Justice to Those in Need
4th April 2010
The Scottish Legal Aid Board recently published proposed reforms to the procedure for applying for certain types of legal aid for civil cases. The reforms, if given effect, would likely represent a significant retrograde measure, which would hinder or prevent access to justice in this country for thousands of people of limited financial means who need it most.
For the response by the Scottish Association of Law Centres to the proposal, click here.
Building Society Challenged over Rate Rise
24th February 2010
Skipton Building Society faces a legal challenge to its plan to raise the ceiling on its standard variable rate mortgage for over 60,000 customers from 3.5% to 4.95% when their current mortgage deal reaches its end.
The building society, the UK’s fourth biggest, claims it may do so in exceptional circumstances.
However, the legal challenge will proceed on the basis that the change is unlawful in terms of the Unfair Contract Terms Act 1977, and that the recent economic downturn does not constitute exceptional circumstances.