HM Insights

Life, business and the law

The law never stands still, and the way it applies to you and your organisation is constantly evolving. Our people are on top of these developments and can keep you up to date with some of the most interestings aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.

Latest Dispute resolution articles

  • When is a Homeowner not a Homeowner?

    When is a Homeowner not a Homeowner?

    The first decision of the Upper Tribunal for Scotland, which hears appeals from the First-tier Tribunal for Scotland (Housing and Property Chamber) has provided useful guidance on the definition of a "homeowner" under the Property Factors (Scotland) Act 2011. The decision of Shields and Blackley -v- Housing and Property Chamber, applies a wide definition of homeowner to include those who no longer own the property in question.

  • Update on Scottish personal injury costs reform - making court costs more affordable

    Update on Scottish personal injury costs reform - making court costs more affordable

    A proposed new Bill attempts to make it easier and more affordable to raise a court action and to make the cost of court action more predictable. It will also enable groups of people to sue in the civil courts where they have the same or a similar claim against the same defender or defenders. Currently under Scots law such cases have to be pursued separately.

  • Employment law: can a disciplinary investigation be too thorough …?

    Employment law: can a disciplinary investigation be too thorough …?

    It's been one of the tenets of unfair dismissal law for over 35 years that an employer must carry out a sufficient investigation before dismissing an employee for misconduct. This is an aspect that is commonly attacked by claimants in order to show a dismissal itself is unfair. But can an employer's investigation be too thorough?

  • Interim awards of expenses in litigation within the Scottish courts: case comment

    Interim awards of expenses in litigation within the Scottish courts: case comment

    The most recent decision of an ongoing litigation in the Scottish courts has considered the procedural requirements for making an interim award of expenses. The question for the court was whether an order for interim payment where expenses had been awarded but no account had been lodged and taxed should be made. If so, then the second question was in what circumstances may the motion be granted?