Proud sponsor of the St Mirren Player of the Year Awards Dinner.
Walker Laird are proud to sponsor the St Mirren Player of the Year Awards Dinner for the 4th year in a row. We are also delighted to have been sponsoring Lewis Morgan’s home kit for the whole of the 2017/18 season as well and wish Lewis and his teammates the best of luck for the rest of the season.
This year, the Player of the Year Awards Dinner will take place on Saturday 5th May at The Normandy Hotel.
St Mirren Commercial Manager, Campbell Kennedy, said: "I would like to thank Walker Laird for their continued support of the club sponsoring the popular event for the fourth year in a row.”
Guests on the night will include former criminal defence lawyer, Bill Copland, who will be sharing some hilarious stories from his career. Joining him will be Will Allan, former Principal Head of PE at Buckhaven High. Of course, keeping everything in order on the night will be Scottish journalist, Bill Leckie.
It’s also a very special evening as we will see Steven Thompson inducted into the club’s ‘Hall of Fame.’
Further Information
To reserve packages or to enquire about the event please contact Commercial Manager, Campbell Kennedy, on (0141) 840-1337 or email commercial@stmirren.com.
Australian Court decides a text is a Will
The widow of a man who took his life applied to the courts in Australia to be appointed to administer his estate. His brothers contested the case on the basis that an unsent text found on his phone was sufficient to constitute his Will. The case went all the way to the Supreme Court in Queensland.
The text read:
“Dave Nic you and Jack keep all that I have house and superannuation, put my ashes in the back garden with Trish Julie will take her stuff only she’s ok gone back to her ex AGAIN I’m beaten. A bit of cash behind TV and a bit in the bank Cash card pin 3636
MRN190162Q
10/10/2016
My will”
Despite Mrs Nicholl, his widow arguing that her late husband had died intestate and, as such, she was entitled to be appointed, the Supreme Court ruled against her. The Court decided that the text was sufficiently clear to indicate the deceased’s intentions and despite not being sent or signed, could be considered his Will.
The legal interpretation in Scotland
The rules in Australia regarding Wills were relaxed some years ago. This can’t happen in Scotland as there aren’t any provisions that would allow for a digital Will. However, the Law Commission in England is conducting a consultation into Wills and how these might be constituted and this will take into account current technology. You can view that Consultation here.
If you would like to read the Australian Supreme Court judgement, please click here.
We continually remind our clients that it pays to be organised and to prepare for the inevitable so if you haven’t yet done so – contact us today and make your Will.
Residential Tenancies – it’s all change!
On 1st December 2017, a new regime came into place for any new residential tenancies that commence after that date.
Gone is the old Short Assured Tenancy with its “clunky” signup where the tenant had to sign a form before even being allowed to enter into the tenancy agreement and the old “no fault” termination where the landlord could bring the tenancy to an end without any particular reason. Also, the threat of multiple rent increases has been lifted with specific procedures in place to only allow one rent review in a single calendar year.
So, what’s the new Private Residential Tenancy all about?
The main thrust of the new legislation is to give the tenant security of tenure and to provide some certainly when they take on a new tenancy.
It means that there is no more minimum term tenancy and, once the tenant moves in, they can stay for as long as they want (provided they’ve not breached any of the conditions of the tenancy or the landlord is able to bring the tenancy to an end on the basis of very specific prescribed circumstances).
If the tenant does want to terminate the tenancy, all they need to do is give the landlord 28 days’ notice – and if they agree with the landlord at the outset, this notice can be by email.
Landlords, on the other hand, when seeking to terminate a tenancy, can only do so under one (or more) of 18 prescribed reasons, some of which are mandatory and some discretionary. From a notice perspective, depending on circumstances, the notice of termination can be anything between 28 to 84 days!
when seeking to increase the rent or when trying to bring the tenancy to an end, there are prescribed forms the landlord has to use when sending notice to the tenant.
Should the tenant object to either the rent increase or the termination notice, they can apply to the First Tier Tribunal to intervene. It’s now the First Tier Tribunal and not the courts that will rule on tenancy terminations.
To help set out the position clearly for landlords and tenants, the Scottish Government has provided a “Model Private Residential Tenancy Agreement” and clear explanatory notes for both landlords and tenants. Parts of the tenancy agreement are mandatory and this means they must be used even if the landlord decides to have his own style of tenancy agreement.
There’s a wealth of information on the Scottish Government’s website and here are just a few of the important things you can read about:
The Model Private Residential Tenancy Agreement – click here.
Explanatory Notes for Landlords – click here.
Explanatory Notes for Tenants- click here.
Private Residential Tenancy, Easy Read Notes – click here.
The First Tier Tribunal – click here.
It is very important to note that all existing tenancies under the previous legislation continue to operate under that legislation. The new Private Residential Tenancies only apply to NEW TENANCIES taken on from 1st December 2017
Walker Laird supporting Renfrewshire Foodbank
Walker Laird has teamed up with Renfrewshire Foodbank to help fight hunger this Christmas time. We are pleased to be working together for this year’s Christmas food drive.
Facing Christmas with little or no money and struggling to make ends meet can be the reality for many people. Unable to afford food to make a decent hot meal, let alone presents, is a very daunting time for too many.
Walker Laird are hosting a food drive
That’s why, at Walker Laird, we’ve decided to help by hosting a food drive at our Renfrew office at 10 Canal Street. Please drop in on your way past with a donation, if you can. Underneath our Christmas tree, there is a box for whatever you can bring us.
Things like UHT milk, fruit juice (long life carton), cereals, jam, tinned fruits, tinned vegetables, tea bags, dried rice, pasta sauces and toiletries are some of the most needed items.
The work of Renfrewshire Foodbank
Renfrewshire Foodbank provides three days of emergency food to local individuals and families in crisis. The foodbank is run by a team of volunteers who give up their time to collect food, organise the warehouse and distribute food packages to people in need. Frontline care professionals including health visitors, social workers and school liaison officers refer people who are facing hunger to the Foodbank.
So, you can see how important this is. Please pop into the Renfrew office and help us with our food drive. All the food collected will be taken to Renfrewshire Foodbank on the 21st of December, in time for Christmas.
Renfrewshire Foodbank distributes food at Renfrew Baptist Church, Erskine Baptist Church, Johnstone High Parish Church and Central Baptist Church in Paisley.
In the future, it is hoped that more people can be helped out of crisis and fewer people need to use food banks. You can find out more about the work of the Renfrewshire Foodbank on their website.
Walker Laird Supports Scottish Drawing Competition
Walker laird continues to support national culture from the local base of Paisley Art Institute. The Scottish Drawing competition has been run by Paisley Art Institute more or less every alternate Autumn since 1983. It is the oldest existing drawing competition in the United Kingdom. The exhibition took place within the Art Galleries of Paisley Museum and Art Galleries. The biennial Scottish Drawing Competition is open to all with a Scottish connection whether this be by birth or residence. A number of prizes are awarded by sponsors of Paisley Art Institute.
Walker Laird has supported Paisley Art Institute’s annual art exhibitions (in May and June each year) for a number of years now. We were pleased to support the return of the Scottish Drawing Competition with the sponsoring of the Walker Laird Prize.
The Winner of the Walker Laird Prize
We selected the work of Lesley Banks called “Misty Ardrishaig” to be the recipient of our award. We appreciated the subtle detail in the work, the colours, and tone that rendered the impression of dusk, and touches of gold alluding to life going on within the picture. The drawing element of the work sat nicely with the other components and we thought the whole piece came together well. We were pleased that the work was purchased by a private buyer at the opening of the exhibition.
Paisley Art Institute
Paisley Art Institute is a charity which was founded in 1876 to encourage and promote art. Paisley Art Institute’s collection of artwork including oil paintings, watercolour paintings, drawings and sculpture is of national and international importance and includes works of the Glasgow Boys and the Scottish Colourists. The Institute included within this year’s exhibition of the Scottish Drawing Competition a small selection of works by the French artist Alphonse Legros. Legros presented eighty-two of his drawings to Paisley Art Institute in 1880. Legros was the most highly regarded teacher of drawing in Britain at that time. Legros was invited to visit Paisley initially by John Polson, inventor of cornflour, and of the world renowned Brown and Polson factory, manufacturers of starch and cornflour. The Paisley Art Institute is strongly supportive of the Paisley 2021 UK City of culture bid as is Walker Laird.
Our Senior Associate, Lindsey Ann McLachlan, has served on PAI’s committee of management for a number of years now as a lay member. Walker Laird is delighted to support the promotion of Scottish art and culture from the Paisley Art Institute based at Paisley Museum and Art Galleries. Lindsey selected the work of Lesley Banks for the Walker Laird Prize.
The exhibition of Paisley Art Institute’s Scottish Drawing Competition ran from 28th October to 25th November 2017 within Paisley Museum and Art Galleries, High Street, Paisley.
The image of Lesley Banks’ picture “Misty Ardrishaig” has been reproduced by the kind permission of the artist who retains ownership of the copyright over the picture. The image cannot be copied or reproduced without the prior permission of the artist.
Staff News - Cecilia Miller judges Blockchain Hackathon
I was excited to be asked to be part of the judging panel at a Blockchain Hackathon which took place at Strathclyde University at the weekend hosted by Girl Geek Scotland and Legal Hackers Scotland in partnership with Scotchain 17.
What is a Blockchain Hackathon I hear you all ask?
Good question. A Hackathon is a design sprint like event in which computer programmers, software developers and others collaborate intensively on software projects. The goal of a Hackathon is to create useable software, in this case using Blockchain in order to solve recognisable problems.
Blockchain is, in simplistic terms, a method by which data is stored and is inherently resistant to modification of that data. It is extremely secure, making it potentially suitable for many applications such as the storage of medical records, financial information and use in official identification.
It also has the potential for use in traditional legal services involving any transaction where a payment is to be made. I think, however, there is still some time to go before lawyers are replaced with computers!
The main event
Six teams gathered to compete in the Hackathon for a monetary prize and a chance to pitch their idea at Scotland’s leading Blockchain Conference, so there was all to play for.
All six teams worked extremely hard and intensively over the weekend period starting at 6pm on Friday and not finishing until 6pm on Sunday.
It was my job to consider each idea pitched by all of the teams and then deliberate those with my fellow judges to determine a winner.
The ideas were all innovative and ranged from a system secure enough whereby no-one could access your medical records without your specific digital authority to the verification of reviews on websites (apparently over 40% of the reviews on trip advisor are fake – an amazing statistic!). It was extremely difficult to pick a winner from the very high standard of the teams involved and we judges took more than an hour and a half to debate, discuss and decide upon the outcome (we were only supposed to have half an hour!).
Time to announce the winners
The team who carried off the winner’s trophy were called Trustchain and their idea was the verification of online reviewers. Bad reviews by competitors can cost organisations large amounts of money in terms of lost business. Hopefully, their idea will be taken forward and they will find investors who will assist in the production and development of their proposals.
The whole experience was an extremely enjoyable and fascinating one. The wealth of knowledge and dedication in the room from the teams was quite inspiring.
My thanks to Arlene McDaid of Legal Hackers Scotland for inviting me to be on the panel.
Legal Hackers is a global movement of lawyers, policy makers, technologists and academics who explore and develop creative solution to some of the most pressing issues at the intersection of law and technology.
“There were more home buyers in Scotland in the second quarter of 2017 than any other quarter since 2007”
Carol Anderson, Chair of UK Finance Scotland Mortgage Committee made this comment following publication of the Council of Mortgage Lender’s latest report on house buying activity in Scotland.
Report Findings
The report states:
- Home buyers borrowed £2.5bn – up 35% quarter on quarter and 10% year on year
- First-time buyers borrowed £1.1bn – up 29% on the first quarter and 17% on the same quarter in 2016
- Home movers borrowed £1.5bn – up 39% quarter on quarter and 20% compared with 2016
The only downside in the numbers was the figure for remortgages. It stood at £900m. Whilst this was a reduction of 7% on the previous quarter, it was also a 7% increase on the same quarter in 2016.
Carol Anderson, again: “With an economic climate of low interest rates, government schemes and competitive mortgage deals, the Scottish market is in a good position and open to business going forward.”
Dilapidations; the sting in the tail of a commercial lease
At the end of a commercial lease, the landlord usually carries out an inspection of the property and then issues a Schedule of Dilapidations. Dilapidations are essentially a claim for damages based on the repairing obligations as set out in the lease.
Under common law in Scotland, the tenant’s obligations are largely limited to liability for fair wear and tear, and repairs needed due to their negligence. However, in a full repairing and insuring lease, which is commonly the type of lease a landlord will insist on, clauses addressing repairing obligations usually cause the obligations in common law to transfer from the landlord to the tenant. This is the first stumbling block for the uninitiated. Tenants taking on a new lease in Scotland are likely to be faced with a clause stating that they “accept the property in good order and repair” or they “accept the property in a tenantable condition”. This wording causes the transfer of the liability for certain common law obligations from the landlord to the tenant in different ways. For example, accepting the property in good repair implies that it must be returned to the landlord in that condition when the lease comes to an end. Accepting a property in tenantable condition is not quite as straight forward because age, character and locality could be considered as reasons to rebut any schedule of dilapidations in a case of that type.
A final schedule of dilapidations will identify items of disrepair to be made good by the tenant. Where the tenant fails to comply with the repairing obligations set out in the lease, the schedule of dilapidations will often form the basis of a financial claim by the landlord.
From the tenant’s perspective, a schedule of dilapidations is normally at or very near to the expiry of a lease. When this happens, the validity of the landlord’s claim should be investigated. Reference must be made to the specific terms of the repairing obligations contained in the lease. The landlord’s future plans for the premises must also be considered. When a claim is submitted in good time before the end of the lease, it usually benefits tenants to have any legitimate repair works carried out less expensively themselves rather than leave these for the landlord to complete.
It is very important to understand what the repairing clauses in the lease mean. Even leases where there is a relatively short term can have serious repairing implications. A tenant who enters into what are considered reasonable repairing obligations can quickly learn that this is not the case.
It is very important that due diligence is carried out before entering into a full repairing and insuring commercial lease. It makes sense to obtain a report on the condition or repair of the property. If the tenant does not do this and it transpires that the building has a significant structural problem, then the tenant will become responsible for the cost of carrying out repairs to remedy the problem.
This can mean that the value of the dilapidations claim is many times more than the annual rental for the premises and that would represent a significant unforeseen and unbudgeted expense for the tenant. If a proper review of the condition of the building has been carried out before entering into the lease, then this would have helped the tenant avoid such expense.
“Interim” and “Terminal” dilapidations terminology is used in Scotland although the courts do not recognise a difference between the two types of schedule. In England and Wales, it is not unusual for a landlord to serve an interim schedule on a tenant at, say, the mid-term point of the lease as a reminder to the tenant to undertake repairs. However, in England and Wales, there are limits to what can be included in this – not so in Scotland.
During the last recession, there was a significant increase in the number of schedules of dilapidations being served during the term of a lease. This was seen as an effort by landlords to avoid being left with an empty property in poor condition in the event that the tenant became insolvent. The end result of this was that as landlords seek to enforce the repairing obligations in the lease and tenants seek to minimise their liabilities, more disputes have arisen.
The starting point in resolving any dispute will be the scope of the repairing obligations - in particular whether the common-law position has been supplanted by the repairing clauses in the lease. A key issue in some major dilapidations disputes, argued before the Scottish courts, is whether the landlord’s common law liability for extraordinary repairs has been transferred to the tenant. Resolving this issue can require careful analysis of the wording of the repairing obligation, and its outcome can have significant implications for the respective liabilities of the parties.
If you are considering entering into a commercial lease of premises, it makes very good sense to obtain expert dilapidations advice from the outset. Waiting until the approach of the end of the lease is never a cost-effective option.
Contact Us
Landlords and Tenants of property must appreciate the nuances in dilapidations law and how these affect liability.
If you would like to discuss a liability issue you have regarding dilapidations or otherwise wish to discuss the terms of a commercial lease, please call Cecilia Miller on 0141 887 5271 or click here to email Cecilia.
Financial Conduct Authority – New approach to PPI Claims
As the deadline of 29th August 2019 for making a claim for compensation for mis-sold Payment Protection Insurance approaches, we learn that the Financial Conduct Authority is to run a major advertising campaign featuring a model head and the voice of Arnold Schwarzenegger.
Andrew Bailey, Chief Executive of the FCA said:
“Our campaign aims to cut through the noise on PPI. We want to encourage people to decide whether to find out if they had PPI and whether to complain or not. Our message, and Arnie's, is ‘do it now’ and I urge people to make a decision before the deadline on 29 August 2019.”
The FCA also announced a new basis for claiming about mis-sold PPI. If someone has previously complained about PPI and had the complaint rejected, they may be entitled to compensation if the provider earned a high level of commission from selling PPI.
A dedicated PPI webpage has been setup and you can visit it by clicking here.
To view the advert, please click here.
Further Information
If you would like further information please contact our Claims Manager Robert Moore on 0141 547 7935 or click here to email Robert
Walker Laird are delighted to continue to support the Prince & Princess of Wales Hospice
At Walker Laird, we are always pleased to support charities and our local community. For a 3rd consecutive year, we are looking forward to attending The Business Lunch at the beginning of October. The lunch is always a tremendous success and brings together professionals and clients from across Glasgow and surrounding areas.
The Prince & Princess of Wales Hospice supports 1200 new patients and their families every year to achieve the best quality of life. It understands that people need help to cope with the consequences of being diagnosed with a life-limiting or life-shortening illness, and staff work as a team to provide specialist holistic care and support.
Its team of doctors, nurses, therapists, counsellors, chaplains, social workers and volunteers treat patients in their own homes, at other places of care, and in the hospice.
The hospice’s motto is: where it may not be possible to add days to lives, we aim to add life to days.
Glasgow’s Hospice has been proudly looking after the people of Glasgow at its current home in Carlton Place, on the banks of the River Clyde, for more than 30 years. Ronnie McGinlay (Partner), Anna Brown (Trainee Solicitor) and Hazel McGinlay (Business Development Manager) recently visited the hospice for further insight into the daily running of the hospice. They were overwhelmed after their visit and are determined to continue supporting the hospice in as many ways as possible.
After adapting and adjusting the four townhouses where the hospice is based, it is building a new hospice to expand its services. To be able to continue to care for patients, carers, families and friends for many years to come, the hospice started out on an ambitious project to build a state-of-the-art facility in Bellahouston Park, ready for patients to move in Spring 2018 and launched the £21million Brick by Brick Appeal. Walker Laird have been following the progress of the new hospice being built and are thrilled to see it finally starting to take shape.
The hospice’s new home will not only enable it to continue giving the best care to adults, but also provides the opportunity to open its doors to young people aged from 16. The move to Bellahouston Park is a fantastic opportunity to provide patients and families with more space and improved facilities.
The transition between services for children and adults can be challenging as young people leave a familiar care setting, and the hospice has been working to understand what the needs of these young people are to provide the most appropriate care.
As services for young people develops in the new hospice, they will have their own space to relax and enjoy the company of friends and family.
This will be the first hospice in the UK to follow the Sengetun model of care. This innovative state-of-the-art Scandinavian design puts patients and families first, and provides space for privacy, dignity and compassionate care for all ages.
The Importance Of The Hospice
It is based on research that shows the aesthetic design of a healthcare facility has a measurable impact on patients’ wellbeing. The idea is to offer patients the quality of life they deserve, in a place that looks and feels like home, and where the clinical and medical assistance sits firmly in the background. It is understood that patients need security, a sense of calm and a boost from life-giving elements that stimulate feelings in a positive way. What this translates into architecturally is private en-suite bedrooms for every patient with a wall of glass opening out to the garden area, and internal walls that can slide back to open up to a social space for patients.
A hospice for Glasgow had been a dream of Dr Anne Gilmore OBE who, with a lot of help and support, brought a permanent place of respite to the city back in the 1980s with the opening of The Prince & Princess of Wales Hospice.
As Glasgow’s Hospice make plans to move to Bellahouston Park, her dream of a space housing excellent end-of-life care will be reborn in the 21st Century. Glasgow’s new hospice will be a special piece of architecture which will feel comfortably like home, be humble, dignified, unobtrusive, and private when required.
The legacy of the Prince & Princess of Wales Hospice founder has helped to create a beautiful building that will benefit the city for generations to come.
Glasgow’s Hospice will bring the very highest standard of palliative care techniques to Scotland, while offering patients the privacy, choice and compassionate care that everyone with a life-limiting illness should experience.
As well as providing 16 en-suite bedrooms and more space for families to stay and eat together, the new building will allow Glasgow’s Hospice to expand its services to include young people.
Patients and families come first in Glasgow’s new hospice – from the design of patient and family friendly kitchens that will let those who stay and visit have the option of eating in the café and dining room or eating their own food with loved ones, to the family bedrooms where people can stay together to be close to each other.
The aim is to make the patient experience the centre of the new hospice in every part of the building.
The total of the £21million Brick by Brick Appeal to build a new home for Glasgow’s Hospice has now reached £19.6million. To donate to Raise the Roof, the latest phase of the Brick by Brick Appeal, visit www.ppwh.org.uk/donate or make a smaller donation of £5 by texting ROOF to 70660.
If you would like information on making a Will or Power of Attorney, please contact Ronnie McGinlay or Suzie Falconer at our Paisley office on 0141 887 5271 or Ross McGinlay at our Renfrew office on 0141 886 5678.
Please note, we are also happy to carry out home visits out of hours if you can’t make it into either of our offices.