Scots Legal News

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  • Scales of Justice (listing)
    Court settles long running Free Church dispute

    25 August 2011: A court has ruled to end a feud between rival factions in the Free Church.

  • Divorce
    Husband's family assets protected in divorce settlement

    20 August 2011: A judge has ruled that a wife is not entitled to a £7 million share of her husband’s £25million fortune in a divorce settlement, because the money was inherited and therefore not joint matrimonial wealth.

  • Court
    Common sense approach in shoe fight

    17 August 2011: A recent Intellectual property case highlighted a common-sense approach by the Scottish courts to matters of alleged IP infringement.

  • Child Law
    Human rights challenge over adoption fails

    15 August 2011: In a recent family law case, a question mark over human rights compatibility saw a sheriff at Dumbarton refer a question to the Inner House of the Court of Session in a child adoption case.

  • Dispute Resolution
    Potential pitfalls for new business partners

    13 August 2011: The Scottish courts have recently seen partnership disputes over liability for debts and payments when a business run as a partnership takes on a new partner.

  • General Information
    Study suggests married parents create no advantage for children over cohabiting couples

    10 August 2011: The status quo of the family unit and the added stability and benefits that a married couple can give their children has been further called into question by a study that has just been published.

  • Divorce
    'Divorce Tourism' puts pressure on UK courts

    9 August 2011: It seems that the values of equality and fairness that our courts are renowned for when it comes to matrimonial law matters have resulted in the courts being a destination for high-value individuals looking to gain a favourable financial settlement in their divorce.

  • Financial Claims and Separation Agreements
    Complexity in financial provision for cohabitees

    8 August 2011: When cohabiting couples separate, it can be extremely stressful for both partners to un-entangle their financial situation, it has been said that the legislation has not appeared clear, with little in the way of case law to clarify matters.

  • Fishing Law
    The Crown Estate in Scotland publishes annual report

    7 August 2011: The Scottish Government has expressed its intention to take control of Scotland's waters, ahead of a report by The Crown Estate in Scotland who reported a rise in capital investment in Scotland by 76 per cent to £7.4 million in 2010/11.

  • Financial Claims and Separation Agreements
    Trust assets may no longer be immune from divorce settlements

    6 August 2011: It has long been held that the Scottish Discretionary Trust is an extremely secure way of keeping assets safe for future generations. However, in recent cases in both Scotland and England, it appears that the Trust is not going to be so untouchable in the future.