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Criminal Defence

Woodward Lawson are able to provide a high level of personal guidance throughout all forms of criminal prosecution in Aberdeen and elsewhere in Scotland. We provide expert representation in all types of criminal cases in the High Court, Sheriff or Justice of the Peace Courts.

Civil Litigation

Woodward Lawson represent clients in a broad range of civil court cases, both in the Sheriff Court and Court of Session.

Contractual Disputes

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.

Guardianship & Incapacity

We have significant experience in relation to Guardianship applications both from the perspective of raising applications for Guardianship and also in opposing such applications in disputed cases. Ian Woodward-Nutt also regularly acts as a Court appointed reporter in relation to Guardianship cases.

Building Disputes

Whether you are a builder seeking payment for works which have run into difficulties or a client receiving possible defective building work, it is best to seek our advice at the earliest possible juncture.

Road Traffic Offences

Road Traffic Law forms part of the Criminal Law that is a broad and technically complicated area. If you have been charged by the police or have received papers intimating a criminal prosecution for an alleged road traffic offence, it is important to take advice from an experienced criminal defence lawyer at the earliest opportunity.

Debt Collection

Every business encounters debtors from time to time and this can seriously affect important cash flow. At Woodward Lawson, we provide a robust one-stop service from seven day letters to pursuing court action in the Sheriff Court and Court of Session.

Property & Boundary Disputes

Few aspects of life can cause such concern as a neighbour asserting rights over your land or preventing you from doing something on their land that you thought you had a right to do.

Divorce, Separation & Cohabitation

The breakdown of a relationship, be it marriage, civil partnership or cohabitation, leads to all manner of financial worries and practical difficulties as the inevitable change in your personal circumstances occurs. This is especially so if there are major assets which require to be divided.

Road Haulage Representation

Woodward Lawson are pleased to offer representation in all matters concerning road haulage and transport law.

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Insight

News & Comment

Landlord Deposit Notices

12 May 2015

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 be well known that deposits must be properly placed in an approved deposit scheme.

However, landlords are also under a duty to provide the tenant with key information in relation to the system. In a recent case, the landlord had not complied with his duties to provide information to the tenant relating to the safekeeping of the deposit and how any future disputes over the money could be resolved contrary to the regulations 3 and 42.

The failure entitled the tenant to make an application to the Sheriff for sanction by way of an award of money against the landlord over and above the amount of the returned deposit. The Sheriff required to assess an appropriate monetary sanction. The Sheriff’s discretion under regulation 9 is wide. In effect, the approach is rather like a civil plea in mitigation whereby the Sheriff considers all the circumstances and in the case of Jenson and Fappiano, he took into consideration a submission that the landlord was not a professional factor/landlord and that it was only his first venture.

Unsurprisingly, the Sheriff took the view that ignorance of the law was no excuse. However, the Sheriff took the limited means of the landlord into account and also the fact that he had genuinely seemed to learn his lesson and was contrite about this. (Of interest here was that the tenant had fallen into arrears of £9000 of rent and this was taken into account with regards to the landlord’s means.)

The Sheriff awarded a sum equivalent to one third of the deposit plus expenses against the landlord. Each case is decided on its own facts and circumstances but the factors considered here would be ones for consideration if they arise in other cases.

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