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RBS Told They Cannot Apply Set-Off to Debts After Bankruptcy

The Inner House has refused an appeal by RBS to allow it to offset PPI compensation payments against debts which formed part of a protected trust deed.The Opinion, delivered by Lord Glennie, in The Royal Bank of Scotland plc v Donnelly [2019] CSIH 56 on this ‘important and novel question of law’ found that the bank was not entitled to apply insolvency set-off after Mrs Donnelly had been discharged from her debts.The factsMrs Donnelly borrowed money from RBS between 1997 and 2003, and was sold PPI in respect of the loans. She entered into a protected trust deed in 2006. RBS...
  28 Hits
28 Hits

Whale Watching: Recent case highlights the risks of online fraud

Online fraud was a commonly reported news item last year, and we anticipate that this problem will continue to gain traction in 2020. We look back at a case from the Outer House of the Court of Session from late 2019, which illustrates the risks to employers and employees alike. Peebles Media Group Ltd against Patricia Reilly ([2019] CSOH 89).What’s it about?The pursuer, a Glasgow-based media group, raised a claim for damages against the defender, a former employee, for causing the company to lose £107,984.02 to a whaling fraud.“Whaling” is a relatively new type of fraud. Many of us have heard...
  130 Hits
130 Hits

Is offering enhanced maternity leave but not offering enhanced shared parental leave discriminatory?

No said some recent court decisions – read on for further details.The BackgroundShared parental leave is an incentive introduced by the Shared Parental Leave Regulations 2014 to encourage parents to share the leave after baby is born for the purposes of caring for their child.  It replaces the former benefit available to partners of additional paternity leave.  Essentially, mothers choose to end their maternity leave, and at this point the rest of what would be maternity leave is converted to shared parental leave available for both parents to share.  Whilst shared parental leave sounds like the perfect solution the uptake by...
  272 Hits
272 Hits

Novation v Assignment

You may have seen the headlines about Jingye, a Chinese conglomerate, recently acquiring long-suffering British Steel with promises of a huge £1.2 billion investment over the next decade. When a takeover occurs, whether with a major conglomeration or a small start-up, standard corporate transactions and due diligence are matters we typically handle. But, we also frequently advise on how to deal with the company’s commercial contracts during a change of control. Generally, there will be either an assignment or a novation.AssignmentThe assignment (or the assignation, if you’re in Scotland) of a contract will not transfer the entire contract to a third...
  96 Hits
96 Hits

Megan Markle

Royal CopyrightRecently, a former actress best known for her role as a lawyer in a hard-hitting law firm made waves by filing her own, personal high-profile lawsuit. Meghan Markle, former Suits actress and current Duchess of Sussex, brought a court action against Associated Newspapers, the parent company to some of the largest tabloids in the United Kingdom, after it published a letter she had written to her father last year.Her claim involves issues of copyright infringement, among other assertions of invasion of privacy. There is no doubt this case is salacious – but does her claim of copyright infringement have merit?Copyright...
  181 Hits
181 Hits

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