Contracts form the backbone of daily life in any business. Occasionally, difficulties arise in relation to what was actually agreed and disputes occur if one party does not do what the other expects them to do.
Woodward Lawson provide a full and comprehensive service on interpretation of contracts, the steps to take should there be a breach of contract and what can be claimed or defended by way of damages.
We assist our clients with negotiation, and protect their business interests with advice and representation in court, seeking orders such as implement, interdict and delivery in the Sheriff Court and Court of Session.
Early advice can be critical if problems are developing in contractual dispute situations.
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We pride ourselves on helping you to make informed decisions regarding your case, so we make sure we communicate in everyday language and that you understand what is going on in your case.
When it comes to commercial life, we are all familiar with logos and designs as trade marks. However, it is possible to register 3D shapes as trademarks as well although it might be more difficult to envisage what shapes might be successfully trade-marked. It does not stop some companies trying. Take a recent case between...READ MORE
In this ever more connected world, it is easy to convey images and information instantly at the click of a button all around the world. That is no bad thing, and citizen journalism often provides a viewpoint that gives another insight into what has actually happened. At the same time, there is a legal difference...READ MORE
Imagine the situation. You have a fire at your premises. The Fire Brigade come out quickly and put it out. They do a visual inspection to satisfy themselves that it is extinguished. They go away. The fire re-ignites. Further fire damage is caused before the Fire Brigade can put it out for the second time....READ MORE
A TV licence is only required to watch programmes live or recorded as live. You do not require a TV licence if you are only using “catch up” services. You do not require a TV licence for live radio broadcasts. If you are watching live TV or recording live programmes, you will require a licence....READ MORE
Wills come in many shapes and forms. It is quite possible that quite informal writings can attain an importance which the person writing them may not have meant. 20 years after the commencement of The Requirements of Writing (Scotland) Act, 1995, the common law still comes in handy. Section 7 (2) (c) of the Act...READ MORE
Under sections 1 and 5 of the Employer’s Liability (Compulsory Insurance) Act, 1969, a director of a limited company should ensure that there is insurance in place should one of the company’s employees be injured. In the case of Campbell v Peter Gordon Joiners Limited and Peter Gordon (2015), the sole director of the building...READ MORE
As will have been seen from the first and second of this series of articles, the present law appears to be of limited use to cohabitees. Of course, there are arguments to the effect that (i) if people wish to have more extensive and clear rights, they should get married or enter a civil partnership...READ MORE
There are laws and regulations out there that we, as lawyers, become aware of which appear to be plain daft. The present EU regulations on promotion and marketing of spirits prohibit a Scotch whisky blender from disclosing the composition of their blends. In other words, they are unable to tell you, as the consumer, the...READ MORE
Assuming that there might be sufficient net intestate estate to make an action in terms of the Family Law (Scotland) Act, 2006, the surviving cohabitee does encounter further difficulties. The fact that they are a proven cohabitee does not automatically entitle them to any award by the Court even if there is available net intestate...READ MORE
At present, the Scottish Parliament is undertaking consultation and reform of the rights of succession on death. The present law in the area of cohabitation is governed by the Succession (Scotland) Act, 1964 in conjunction with section 29 of the relatively recent Family Law (Scotland) Act 2006. As we turn into 2016, this would appear...READ MORE
In a stark reminder that at least two different sets of laws and legal systems exist in the UK, in the recent tax case of Taylor Clark Leisure plc v HMRC, the Inner House of the Court of Session in Edinburgh decided that a QC from the English Bar did not have rights of audience...READ MORE
Dog attacks are always of great concern, and none more so when they involve children. Scottish Borders Council sought an order under section 9(2) of the Control of Dogs (Scotland) Act, 2010 for the delivery and destruction of a dog which had jumped up on a little girl and bitten her on the cheek. The...READ MORE
As a landlord, you may consider that the circumstances of some cases against miscreant tenants are cut and dried when you seek to obtain recovery of possession. Take the recent case of Glasgow Housing Association v Stewart. In this case, the tenant had breached the tenancy agreement by producing a controlled drug (cannabis plants) in...READ MORE
Although many landlords use professional factors to manage their properties, many others lease and factor residential properties themselves in order to save some outlays. The law in relation to the Tenancy Deposit Schemes (Scotland) Regulations 2011 continues to develop, and shows the dangers of departures from the statutory framework even if unintentional. It should now...READ MORE
It is not unusual for councils to enter into arrangements with businesses. In a recent decision under s75(2) of the Local Government (Scotland) Act, 1973, Aberdeenshire Council raised an application at Court seeking authority to sell ground in Banff forming part of the common good which had been used as a car park adjacent to...READ MORE
It has been a mild winter this year and that has meant that all us budding athletes (perhaps, overripe is a better description these days) have had no excuses for interrupting our running training. But, just when it seemed safe to go out, a case gives a reminder of the obligations on those brave souls...READ MORE
Ian Woodward-Nutt, founder and principal of court solicitors Woodward Lawson has been admitted as a Solicitor Advocate with extended rights of audience before the High Court of Justiciary. As a Solicitor Advocate Ian is now qualified to represent clients in the highest courts in Scotland and the UK. A solicitor advocate is a solicitor who...READ MORE
From Orkney Isles comes the recent case of Shields v Crossroads. The circumstances are that the pursuer became involved in an affair which came to an end. Nothing remotely unusual about that, you might say. However, the affair was with her social worker, and regrettably, as a result of its ending, the pursuer suffered serious...READ MORE
Woodward Lawson Solicitors were recently assessed by the Scottish Legal Aid Board. Readers of our News Section will see that last year we were assessed in relation to our provision of services to clients in receipt of Criminal Legal Aid. All private law firms who carry out Legal Aid work require to submit a random...READ MORE
In a long-overdue effort to regain fitness after the excesses of the festive period, Ian Woodward-Nutt has undertaken to run the Balmoral 10K in support of Voluntary Services Aberdeen. For the uninitiated, the race is best known for its course which takes participants through the grounds of Balmoral Castle and includes an infamous 2K hill...READ MORE
As winter fast approaches, a recently reported case is of interest. The case was one where a local authority were sued by the relatives of a deceased who had died whilst driving on a main road (a so-called Priority 1 route) between 5.35 and 6am one December. The evidence showed the accident occurred when the...READ MORE
If only!Â Under the Land and Buildings Transaction Tax (Scotland) Act which came into force on 31st July, 2013, the current UK tax on land and property transactions (SDLT) will no longer apply in Scotland from April, 2015. It will be replaced by the Land and Buildings Transaction Tax (LBTT). Apart from having a comparatively...READ MORE
If you and your heritable predecessors have continually used a water source and pipe and storage system situated on your neighbours land for decades and it is the only active water supply to your property, you might consider that you have a servitude or legal right in that supply. Not necessarily so.Â In a recent...READ MORE
Part of the criminal defence workload of this firm relates to cases where our involvement is funded by the Scottish Legal Aid Board.Â As a firm that carries out such work, we are required to subject the work that we carry out to occasional peer review.Â Effectively, this means that a selection of our closed...READ MORE
Further to our previous article on the proposed closure of Stonehaven Sheriff Court, it has now been announced that Stonehaven Sheriff Court will close as of May 2014. According to the Scottish Courts Service, Aberdeen Sheriff Court has sufficient capacity to accommodate both it’s own existing business together with the addition of the business presently...READ MORE
Ian Woodward-Nutt recently represented a client before the Mental Health Tribunal Scotland in Aberdeen in relation to an Appeal against an Order detaining that client in hospital.Â Despite repeated requests by this office that the Mental Health Tribunal Scotland disclose to us paperwork relating to the Application, the Mental Health Tribunal Scotland refused or failed...READ MORE
The Scottish Court Service published at the end of 2012 its proposals for â€œrestructuringâ€ the Scottish Court Service. Amongst its proposals are a suggestion that eleven Sheriff Courts and eighteen JP Courts should close including Stonehaven Sheriff Court.Â Â Â Â The proposal has left many Court lawyers in the North East of Scotland concerned with regards to...READ MORE
For hundreds of years Scots Law has required that no-one be convicted of a crime in Scotland unless the Crown case is proven by corroborative evidence.Â Â Â In broad terms this means that for a Crown criminal prosecution to succeed there must be evidence from at least two, separate sources confirming that the accused committed the...READ MORE