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Anderson Strathern Legal Updates

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June 2014

Review of Agricultural Holdings Legislation Interim Report

On Friday 20 June 2014, the Agricultural Holdings Legislation Review Group issued its Interim Report: a comprehensive document that sets out the areas that will form the basis of the Group’s work and thinking over the summer.


Extending the Community Right to Buy in Scotland

The Scottish Government has recently published the Community Empowerment (Scotland) Bill which reflects the Government's policy principles of subsidiarity, community empowerment and improving outcomes.


Rights of Cohabitants Under the Armed Forces Pension Scheme 2005

We look at a recently published decision in which a woman was denied depandants' benefits by the Service Personnel and Veterans Agency because she remained married to someone else and was therefore not an 'eligible parter'.


Final Report of the Land Reform Review Group

In its final report on landownership and use of land in Scotland, the Land Reform Review Group sets out 62 recommendations, some of which are radical and many of which will be controversial.


May 2014

The Salvesen Fix - Nearly There

The Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014, or the “The Salvesen Fix", identifies the five different categories of cases which have been or are likely to be affected by the defect in Section 72 of the 2003 Act.


Holiday pay must include commission, overtime and other payments

In a recent ruling, the European Court of Justice has decided that paying only basic holiday pay to staff who earn commission is unlawful.


Landlord leads notice battle to Supreme Court

In the recent case of L Batley Pet Products Limited v North Lanarkshire Council, the Supreme Court affirmed various principles of construction law and gave guidance on how those are to be applied in the case of a commercial lease.


Break Clause in Leases – Beware!

In a recent case, the Court of Session have emphasised the importance of considering carefully the wording of a break clause.


April 2014

Residential Property Conveyancer and Surveyor Negligent for Over-Valuation

In the recent English case of E.Survs Ltd v Goldsmith Williams Solicitors, the Court discussed the extent of a conveyancing solicitor's duty of care to lenders and the potential consequences of failing to fulfil this duty.


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