Solicitor General for Scotland meaning

Checklist on expert evidence in Scottish civil litigation This checklist outlines the principal factors for a solicitor contemplating engaging an expert in a civil dispute before the Scottish courts. It should be read alongside Practice Notes: Expert evidence in Scottish civil litigation-general considerations and Leading expert evidence in Scottish civil litigation-rules and procedure. Issue Considerations Assessing the need for an expert witness What kind of dispute is involved (for instance, a professional negligence claim will typically require an expert report before proceedings are commenced)? Is instructing an expert reasonable and proportionate when measured against the value of the claim? Is there a need to instruct more than one expert? Admissibility of the expert evidence Is expert assistance required to enable the court to decide the issues? Does the expert possess the appropriate knowledge and experience? Will the expert remain impartial in their presentation and assessment of the...

Compulsory liquidation Provide a certified court interlocutor ordering winding up and naming the liquidator, plus certified proof of appointment: creditors’ resolution, contributories’ resolution with the liquidator’s certificate on the creditors’ meeting, or a court order. Creditors’ voluntary liquidation Include a certified general meeting winding‑up resolution and either the creditors’ resolution appointing the liquidator or a court order. If moving straight from administration, add a certified, administrator‑signed and Companies House‑stamped form 2.25B (Scotland). Members' voluntary liquidation Supply a liquidator/secretary certificate that a solvency declaration was filed, and a certified general meeting resolution appointing the liquidator. Checking the appointment Irregularities do not invalidate acts, but absence of appointment does—so verify appointment and any limits on Schedule 4 powers; in compulsory cases powers are court‑controlled and creditors or contributories may apply. Joint liquidators Confirm power to act severally; otherwise all must execute sale documents. ...

Brexit highlights In this issue: Brexit SI Constitutional and administrative law Judicial review Public procurement Subsidy control and State aid Information law State security and intelligence Other public law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information UK-EU relations—Government responds to Business and Trade Committee report The government has issued its reply to the House of Commons Business and Trade Committee’s Sixth Special Report of Session 2024–25, ‘How to strengthen UK-EU relations: Policy Priorities for the Summit’. It sets out outcomes from the May 2025 UK-EU Summit, including a new UK-EU Security and Defence Partnership to deepen defence industrial co-operation and respond to hybrid threats and weaknesses in critical infrastructure. The response also confirms agreement on Sanitary and Phytosanitary measures, a 12-year fisheries arrangement, and stronger law enforcement co-operation. Further priorities include joint action to address non-market economies and economic crime,...

In this issue: General election 2024 Probate Court of Protection Spouses, civil partners and cohabitants HMRC Manuals updates Tax avoidance, evasion and non-compliance Scotland, Wales and Northern Ireland International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&As Useful information General election 2024 Law360: On 13 June 2024, Keir Starmer said publicly that, if Labour wins the general election, it would usher in a period of ‘national renewal’, with economic growth and wealth creation at its core, firmly steering a manifesto and programme overall notably free of any surprise headline commitments that day. See News Analysis: Labour prioritises wealth creation in election manifesto. Law360: The UK’s third-largest political party pledged on 10 June 2024 to lift capital gains tax for the country’s wealthiest people...

In this issue: General election 2024 Trusts Court of Protection UK taxes for Private Client Tax avoidance, evasion and non-compliance Scotland, Wales and Northern Ireland Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&As Useful information General election 2024 General Election 2024—parliamentary process, wash-up and manifesto pledges This News Analysis brings together coverage of the 2024 General Election by practice area. It includes commentary from practice area specialists, Practical Guidance materials, news, analysis and journal articles. For further information, see News Analysis: General Election 2024—parliamentary process, wash-up and manifesto pledges. Trusts Constructive trust and transfer for CGT purposes (Morgan v Revenue and Customs Commissioners) The FTT examined a dispute about whether a constructive trust arose over a property so that a disposal occurred...

Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...

What is the function of an expert witness? This Practice Note offers an in-depth examination of the fundamental principles and broad considerations governing the use of expert evidence in Scottish civil litigation. For practical guidance on the applicable rules and procedural steps concerning expert witnesses and their evidence, see Practice Note: Leading expert evidence in Scottish civil litigation—rules and procedure. In Scotland, the term ‘skilled witness’ is frequently used as a synonym for ‘expert witness’. For consistency, this Practice Note adopts ‘expert witness’. Expert evidence arises where an individual applies their specialist knowledge and expertise to assist the court. An expert witness deploys that specialist learning to provide factual testimony and to express opinions on facts that are agreed or that others have presented to the court. This stands in clear contrast to a lay witness to fact, who is restricted to recounting matters they have personally observed; any opinion they offer will ordinarily be inadmissible. See: Expert witnesses: Stair Memorial Encyclopaedia [180]. The expert’s role...

For a solicitor representing clients who acquire and exploit minerals, the priority in law is who owns those minerals and the liberty to extract them. From the standpoint of a general property practitioner, the central concerns are whether distinct ownership of minerals might compromise support for the ground and any buildings above, and whether recompense is due for any resulting damage in respect of the operations involved in working them and extraction. What are mines and minerals?...

This overview sets out general information and guidance on unfair dismissal claims, the deadlines for issuing a claim, who may qualify to bring one, the statutory tests for fairness where an employer intends to end an employee’s employment, and the remedies available if a claim succeeds. Your employment solicitor can offer tailored advice based on your situation and circumstances if required. What is an unfair dismissal? Under the Employment Rights Act 1996 (ERA 1996), an employee has the right not to be unfairly dismissed by their employer. A dismissal is unfair if it fails to meet the requirements of the ERA 1996...