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Brechin Tindal Oatts
Law firm in Edinburgh and Glasgow whose practice areas include family, commercial and property.
 

About Our ../people
Commercial Property Unit. Alan Borthwick · James Dickson · Karen Brodie · Christine Henderson · Donnie Robertson · Nicolas McBride · Deirdre Anderson ...
 

Contents
Charities · Commercial Litigation · Commercial Property · Corporate · Debt Recovery · Employment Law Consultancy · Health & Safety Training Consultancy ...
 

ECJ Ruling
ECJ Ruling - 100 to 1 Outsider. Back to IPC Index. The European Court of Justice (ECJ) has finally handed down its ruling in the case of the British Horse ...
 

Mortgage Rights (Scotland) Act 2001
Mortgage Rights (Scotland) Act 2001. Back to Commercial Property Articles. The Mortgage Rights (Scotland) Act 2001 ("the 2001 Act") came into force on ...
 

Time Bar - Subjective or Objective Test
BTO Insight Newsletter July 06. Time Bar - Subjective or Objective test. To Insurers' Representation Unit Articles Index. On 27 February 2006, the Scottish ...
 

Child Trust Fund Spring 05
".communicate" (Spring 2005). The Child Trust Fund: Tax Free Savings for your Child's Future. Back to Articles for Private Individuals ...
 

Harassment at Work
ELC Newsletter November 2005. Back to ELC Index. Harassment at Work: Can you afford to ignore it? What is harassment and when is it unlawful? ...
 

Human Rights - Emp. Tribunals & the Presentation of Evidence Nov 01
Employment Law Consultancy Article (Nov. 2001). Human Rights - Employment Tribunals & The Presentation of Evidence, Back to ELC Index ...
 

Invoice Factoring or Funding
".communicate" (Spring 05). Invoice Factoring & Funding. Back to Banking & Finance Articles. What is invoice factoring? ...
 

Employment Law Articles - Dec 2000 Link 3
Trade Union Recognition. Back to Archive. The provisions of the Employment Relations Act 1999 relating to compulsory trade union recognition for collective ...
 

Powers of Attorney .communicate Summer 02
".communicate" (Summer 2002). Powers of Attorney. Back to Articles for Private Individuals. The new rules on Powers of Attorney in terms of the Adults with ...
 

Your Club - Your Risk?
".communicate" (Spring 2006). Your Club - Your Risk? To Corporate Articles. In Scotland there are a number of ways in which you can form a club. ...
 

Food for Thought
Food for Thought, To Insurers' Representation Unit Articles Index. The decision by Lord Hodge sitting in the Outer House of the Court of Session on 9 ...
 

Data Protection - Coundown.....communicate Sept 01
Data Protection - Countdown to Compliance. Back to IPC Index. When the new Data Protection Act 1998 came into force in March 2000, the transitional relief ...
 

Employment Law Articles - Dec 2000 Link 10
Employee Absent Due to Ill Health. Back to Archive. Implications of the Disability Discrimination Act 1995. When considering the ongoing employment of an ...
 

Unexpected Legacies
".communicate" (Spring 2006). Unexpected Legacies. Back to Litigation Articles. It is a familiar scenario – business built up through a parent’s hard toil ...
 

IPC - Protection of Designs
Protection of Designs. Back to IPC Index. In the world of intellectual property, much focus is placed on copyright, patents and trade marks, ...
 

Settlement of Claims Involving Children (Aug 02)
(August 2002). Settlement of Claims Involving Children, To Insurers' Representation Unit Articles Index. When we are dealing with the settlement of a claim ...
 

Discrimination at Work .com News (Winter 02)
".communicate" (Winter 2002). Discrimination at Work, Back to ELC Index. While the most common cases dealt with by Employment Tribunals relate to unfair ...
 

New Discrimination Laws - Are You Ready (Dec. 03)
New Discrimination Laws - Are You Ready? Back to ELC Index. No-one will have been able to escape the media publicity over the newly-introduced ...
 

Commercial Litigation - What We Do
Insolvency. Back to What We Do. If you think you need insolvency advice, you probably do! Of particular importance are the responsibilities and potential ...
 

Domain Name Disputes - All You Need to Know Aug 01
Domain Name Disputes - All You Need to Know. Back to IPC Index. Ever keyed in "www." followed by your trading name…only to find yourself confusedly reading ...
 

Corporate - What We Do
Company Formation. Back to What We Do. We provide a swift efficient service for the incorporation of companies whether tailored specifically to your ...
 

Spotlight on The Environmental Information (Scotland) Regulations ...
Spotlight on The Environmental Information (Scotland) Regulations 2004 ("EISR"). Back to IPC Index. What are the EISR? The Regulations, which came into ...
 

IPC - Briefing Note
Briefing Note. Back to IPC Index. Briefing Note on the Privacy and Electronic Communications (EC Directive) Regulations 2003 ("the Regulations") which came ...
 

Occupational Illness Update (March 04)
Occupational Illness Update. To Insurers' Representation Unit Articles Index. Work Related Upper Limb Disorder Action Dismissed by Lady Smith 16 March 2004 ...
 

News in Brief Aug 03
News in Brief. Back to IPC Index. Data protection. Subject access requests - Those of you who have been on the receiving end of a data subject access ...
 

Flexible Working Hours for Parents - An Intro Feb 0202
Employment Law Consultancy Article (February 2002). Flexible Working Hours for Parents - An Introduction, Back to ELC Index ...
 

Drugs & Alcohol at Work
Employment Law Consultancy Newsletter. Drugs & Alcohol at Work, Back to ELC Index. Have you considered the impact of an employee attending work under the ...
 

Quantifying the loss of an opportunity
BTO Insight Newsletter November 05. Quantifying the Loss of an Opportunity. To Insurers' Representation Unit Articles Index ...
 

Info & Consult Q&A
Discrimination Update. Back to ELC Index. Unlike claims for unfair dismissal, there is no upper limit on the compensation that can be awarded to an employee ...
 

Caught on camera
Caught on camera: Was Ms Jagger’s image protected under data protection legislation? Back to IPC Index. Elizabeth Jagger, the face of Lancome and daughter ...
 

Patrick Clark v Scott Lithgow (30 July 2004)
Occupational Illness Team Update Aug 04. Patrick Clark v Scott Lithgow (30 July 2004). Back to Articles Index. The difficulties defenders face in sustaining ...
 

Building (Scotland) Act 2003
Although the old regulations and procedures continue to apply to works where a building warrant was applied for prior to 1 May 2005, as of this date, ...
 

Age Discrimination
ELC Newsletter February 2006. Age Discrimination: Will this affect my organisation? Back to ELC Index. Scotland has an ageing population with the number of ...
 

Employment Law Articles - Dec 2000 Link 1
Employment Law Consultancy (Dec. 2000). Human Rights - More Questions Than Answers, Back to Archive. On 2 October 2000 the UK Government introduced the ...
 

Stamp Duty Loopholes Closed .communicate Summer 02
".communicate" (Summer 2002). Budget 2002 - Stamp Duty Loopholes Closed. Back to Commercial Property Articles. In his latest Budget speech the Chancellor ...
 

Registration of Private Landlords
".communicate" Spring 2006. Registration of Private Landlords. Back to Commercial Property Articles. Under Part 8 of the Antisocial Behaviour etc ( Scotland ...
 

New Court Rules .com Winter 02)
".communicate" (Winter 2002). New Court Rules Mean Speedier Resolution to Disputes. Back to Litigation Articles. New Rules ...
 

Social Housing Unit - What We Do
Stock Transfers/ Negative Stock Transfers. Back to What We Do. Terms of contract, employment implications, funding documentation…..it needn’t be a foreign ...
 

Jury Trials - What is "Special Cause"?
BTO Insight Newsletter July 06. Jury Trials - What is "Special Cause"? To Insurers' Representation Unit Articles Index. The Pursuer has a statutory right to ...
 

BTO Advantage Advocacy Service
BTO ADVantage Advocacy Service, To Insurers' Representation Unit Articles Index. We open this edition of BTO Insight with an article commenting on two very ...
 

Contaminated Land -Who is Liable? .com Winter 02
".communicate" (Winter 2002). Contaminated Land - Who is Liable? Back to Commercial Property Articles. What is Contaminated Land? ...
 

Limitations & Exclusions of Liability
Intellectual Property Newsletter (March 2006). Limitations & Exclusions of Liability - What do you mean they’re unenforceable?! ...
 

Buying Goodwill - Something or Nothing (Dec 02)
Buying Goodwill - Something or Nothing? Back to IPC Index. Buying fixed assets of a company – machinery, equipment, stock - involves buying what is seen. ...
 

Wills, Estates & Tax Planning - What We Do
Wills & Trusts. Back to What We Do. If you do not have a Will it is unlikely that those that you would want to inherit your estate will inherit it. ...
 

A Different Domain - Trade Marks & the Internet Nov01
A Different Domain -. Trade Marks and the Internet. Back to IPC Index. In this article we consider the relevance of trade mark law to domain names. ...
 

New Top Level Domains Aug 01
New Top Level Domains. To IPC Articles Index. In issue one we reported on the selection of seven new top level domains ("TLD"): - aero, .biz, .co-op, .info, ...
 

William George Woodland v the Advocate General for Scotland (May 04)
William George Woodland v the Advocate General for Scotland. To Insurers' Representation Unit Articles Index. Josephine Murray & Ors v Greenock Dockyard ...
 

Buying or Selling a Business Spring 05
".communicate" (Spring 05). Buying or Selling a Business. To Corporate Articles. Buying or selling a business can be a costly and time-consuming process for ...
 

Qns & Ans. - Data Subj. Access Requests Nov 01
Questions & Answers: Dealing with Data Subject Access Requests. Back to IPC Index. What is a data subject access request? ...
 

Choosing a Financing Option for your Business
".communicate" (Spring 2006). Choosing a Financing Option for Your Business. To Corporate Articles. Financial constraints have long been identified as one ...
 

Vicarious Liability - Are You Cov?.communicate Summer 02
".communicate" (Summer 2002). Vicarious Liability - Are You Covered, To Insurers' Representation Unit Articles Index. Compensation ...
 

Procedural Rules for Com. Actions in Sheriff Crt Dec.01
Review Article:. New Procedural Rules for Commercial Actions in the Sheriff Court - Minimising Expense & Delay. Back to Litigation Articles ...
 

Comp. Leg - Rad. Rest.communicate Spring 03
".communicate" (Spring 2003). Company Legislation - Radical Restructuring. Back to Corporate Articles. With the world of commerce moving at an increasingly ...
 

Open Source Software - Friend or Foe? (IPC News July 05)
Open Source Software - Friend or Foe? Back to IPC Index. If you are a developer, have you ever thought about the legal implications of using open source ...
 

No Festive Cheer for Trade Mark Owners (Dec 02)
No Festive Cheer for Trade Mark Owners. Back to IPC Index. The Arsenal Decision. On 12 December the High Court issued its decision in an extraordinary ...
 

Driven to Distraction (.communicate Spring 04)
".communicate" (September 2001). Health & Safety Update. Back to Health & Safety Articles. RIDDOR. The Reporting of Injuries, Diseases and Dangerous ...
 

SHU Corporate Face of BTO
Accommodate December 2004. BTO's Corporate face of Social Housing looks forward to the future, To Social Housing Unit Articles Index ...
 

Employment Law Articles - Dec 2000 Link 6
Maternity Leave. Back to Archive. The Maternity and Parental Leave etc. Regulations 1999 SI3312/99 introduce changes to statutory maternity leave with ...
 

Jury trial & the involvement of the MIB
BTO Insight Newsletter July 05. Jury trial & the involvement of the MIB. To Insurers' Representation Unit Articles Index. Jury Trials are often considered ...
 

Intellectual Property Consultancy - What We Do
Our Intellectual Property Consultancy provides ecommerce advice in the following areas:-. Web Design Contracts. Online Terms and Conditions ...
 

Recovery of Debts (General articles March 01)
".communicate" (March 2001). Recovery of Debts. Back to Litigation Articles. An effective remedy may be lost to you simply because the correct terms and ...
 

Recent Developments in personal injury claims Aug 01
Post Retirement Contractual Pension Entitlement Now Deductible from Loss. Cantwell v CICB: House of Lords 5th July 2001. ...
 

On-line Trade: "We're being sued where?"
On-line Trade: "We're being sued where?" Back to IPC Index. The last thing you want having just set up your new website is to find yourself being sued in ...
 

IT Outsourcing Issue 6, July 02
IT Outsourcing - some tips for success. Back to IPC Index. Outsourcing continues to grow in popularity. Here we look at some tips for a successful IT ...
 

Whistleblowing (ELC news Feb 2001)
Employment Law Consultancy Article (Feb. 2001). Whistleblowing. Back to ELC Index. The Public Interest Disclosure Act 1998 ("PIDA") inserted ...
 

Health & Safety Update .communicate Iss. 2 Sept01
".communicate" (Spring 2004). Driven to Distraction? Back to Health & Safety Articles. According to Health & Safety Executive statistics, each year about ...
 

Control of Asbestos at work Regs 02 (Feb 03)
The Control of Asbestos at Work Regulations 2002, To Insurers' Representation Unit Articles Index. The Control of Asbestos at Work Regulations 2002 came ...
 

Managing Absence: Some Issues for the New Year?
Accommodate January 2006. Managing Absence: Some Issues for the New Year? To Social Housing Unit Articles Index. As the New Year festivities have drawn to a ...
 

The Beckhams & the limits of confidentiality
Accommodate June 2005. The Beckhams & the Limits of Confidentiality, To Social Housing Unit Articles Index. "Public interest" is a burning issue after the ...
 

New Disciplinary & Grievance Rules
".communicate" (Autumn 04). New Disciplinary & Grievance Rules, Back to ELC Index. On 1 October 2004, new rules regarding statutory minimum disciplinary, ...
 

Crim. Just. Scot. Act 03 ASBOS (Aug 03)
Criminal Justice (Scotland) Act 2003, Anti-Social Behaviour – New Options for RSLs, To Social Housing Unit Articles Index. The Criminal Justice (Scotland) ...
 

Agency Workers Who is...(ELC news Feb 2001)
Employment Law Consultancy (Feb. 2001). Agency Workers - Who is their employer? Back to ELC Index. The recent case of Motorola Ltd –v- Davidson and Melville ...
 

When It's Not Good To Talk!
".communicate" (Autumn 2004). When It's Not Good To Talk, To Insurers' Representation Unit Articles Index. When is mediation appropriate? ...
 

Conf. Ref. Under the DP Act (.com Spring 03)
Confidential References and Disclosure Under the Data Protection Act. To IPC Articles Index. Data Subject Access Requests ...
 

Personal Injury Update (".communicate Spring 04)
".communicate" Spring 2004. Personal Injury Update. To Insurers' Representation Unit Articles Index. Pamela Stevenson, who heads up our Occupational Illness ...
 

Acq. & Disp. of Private Ltd Cos. .communicate Iss. 2 Sept01
".communicate" (September 2001). Acquiring & Disposing of Private Limited Companies. Back to Corporate Articles. Acquiring or disposing of a private limited ...
 

Home Sweet Home! (.communicate Spring 04)
".communicate" (Spring 2004). Home Sweet Home! Back to Articles for Private Individuals. Our resident Francophile, Patrice Fabien, pfa@bto.co.uk, ...
 

Compulsory Registration of Private Landlords May 05
Part 8 of the Antisocial Behaviour etc (Scotland) Act 2004 (its title is somewhat misleading) will make it unlawful to let out residential property after 15 ...
 

Reform of Bankruptcy & Diligence in Scotland
".communicate" (Winter 2005). Reform of Bankruptcy & Diligence in Scotland. Back to Litigation Articles. The Scottish Executive’s consultation paper and ...
 

Domain Names - Alternative Remedies (Issue 5) March02
Domain Names - Alternative Remedies. Back to IPC Index. In issues 2 and 3 we looked at the application of the law of passing off and trade marks to domain ...
 

The Annual Gas Service Check
Accommodate June 2005. The Annual Gas Service Check - Always a "hot" topic! To Social Housing Unit Articles Index. This will continue to be a "hot" topic ...
 

Dealing with Dilapidations Part 2 Spring 05
".communicate" (Spring 2005). Dealing with Dilapidations - Part 2. Back to Commercial Property Articles. Ensuring that a let commercial property is kept in ...
 

Employment Law Articles - Dec 2000 Link 2
Employment Law Consultancy (Dec. 2000). Health & Safety Law Update. Back to Archive. On 7 June 2000 the Government and the Health and Safety Commission ...
 

articles_main
Articles. Archive. Banking & Finance. Commercial Property. Corporate. Employment Law Consultancy. Health & Safety. Insurers' Representation Unit ...
 

Freedom of Information Spring 05
Freedom of Information. Back to IPC Index. As from 1 January 2005 the new rights offered by the Freedom of Information legislation came into effect. ...
 

Time Out
Employment Law Consultancy Newsletter. Time Out, Back to ELC Index. Employees have various rights to take time off work. These include holidays, maternity ...
 

Buying the Company, Buying the Brand Issue 6, July 02
Buying the Company, Buying the Brand. Back to IPC Index. Victor Kiam liked the Remington shaver so much he bought the company. Kiam also coined one of the ...
 

Mesothelioma Claims - Justice for Insurers?
BTO Insight Newsletter July 06. Mesothelioma Clains - Justice for Insurers? To Insurers' Representation Unit Articles Index ...
 

Case Updates (ELC News Sept 05)
ELC Newsletter September 2005. Case Update. Back to ELC Index. 1. Employee Status. Temporary Workers: Who is the employer? In a further development in this ...
 

Insurers' Representation Unit - What We Do
Delegated Authority. Back to What We Do. In short, delegated authority means that Insurers give us authority to deal with certain categories of cases ...
 

No Health & Safety Policy - Is it worth the risk?
BTO Insight Newsletter July 05. No Health & Safety Policy - Is it worth the risk? To Insurers' Representation Unit Articles Index ...
 

Employment Law Articles - Dec 2000 Link 9
Parental Leave. Back to Archive. The Maternity and Parental Leave etc. Regulations came into force on 15 December 1999. The Regulations provide that an ...
 

Patent Protection in a Nutshell Aug 03
Patent Protection in a Nutshell. Back to IPC Index. Can I get a patent? To qualify for patent protection an invention must: ...
 

Italy 1 - Scotland 0
BTO Insight Newsletter July 05. Italy 1 - Scotland 0. To Insurers' Representation Unit Articles Index. Tobacco litigation—one successful case in Italy, ...
 

Management Buy Out Tips (.communicate Spring 04)
".communicate" (Spring 04). Management Buy Out Tips. To Corporate Articles. Management buy outs ("MBO’s"), as a means of achieving business succession, ...
 

Vicarious Liability - Where are the boundaries?
BTO Insight Newsletter November 05. Vicarious Liability - Where are the boundaries? To Insurers' Representation Unit Articles Index ...
 

Reform of Prop Law Accom 5 (Oct 02)
"Accommodate" (Oct 2002). Reform of Property Law, To Social Housing Unit Articles Index. Two years ago the Scottish Parliament sounded the death knell of ...
 



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