Latest Dispute resolution articles

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  Supreme Court rules in favour of businesses in landmark Business Interruption Insurance test case

  By E-Ming Fong 15 Jan 2021

  The Supreme Court has handed down its judgment on the operation of Business Interruption insurance policies, with particular reference to the effects of Covid-19. The Supreme Court has substantially found in favour of the insured businesses. Given the continual and fast-moving changes to the Government's instructions through press conferences in response to Covid-19, this is welcomed clarification for businesses and policyholders alike.

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  Dealing with child contact arrangements during the pandemic - the legal position

  By Laura McLean 23 Dec 2020

  The coronavirus pandemic has had an enormous impact on family dynamics. It has introduced uncertainty and strain where previously none may have existed. It has amplified disagreements and tensions in families who were already having difficulty navigating post-separation arrangements.

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  Maradona's legacy & why it is important to make a Will

  By Lindsay MacEwen 14 Dec 2020

  Since the sad news of Argentine football icon Diego Maradona's death, there has been a lot of speculation about his wealth and who will be entitled to a share of it. Of course Maradona was a unique character, but no matter what your family circumstances are or the value of your assets, making a Will allows you to clearly set out what you would like to happen after you die. It will help to reduce the chance of any costly surprises for your family and upsetting situations like the one Maradona's family are likely experiencing.

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  U-turn puts suspension of wrongful trading in place again, until 30 April 2021

  By Fiona Strang 30 Nov 2020

  In an apparent U-turn on the CIGA Extension Regulations, new regulations came into force on 26 November, reintroducing the suspension of wrongful trading. This will mean that, with effect from 26 November 2020 and until 30 April 2021, administrators and liquidators will be unable to raise claims for wrongful trading against the directors of any insolvent company in respect of any of the company's losses or its creditors' losses which arose directly as a result of continued trading during this second period of suspension.

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  The importance of getting prescriptive rights of access accurately registered

  By Ann Leslie 20 Nov 2020

  As a result of the increasing prevalence of land in Scotland being registered on the Land Register of Scotland, we are seeing a spike in enquiries relating to prescriptive rights of access; both in terms of the creation and the affects they have on the burdened title. Prescriptive rights are established through 20 years of open, peaceable use, without judicial interruption. Evidence of such use should be obtained by a solicitor and stored.