CHAPTER TWO – ELEMENTS OF CLASSIC PASSING OFF There is no statutory basis for the law of passing off. It has developed entirely through the common law over the last several centuries. As such, passing off suffers from the inevitable ambiguities resulting from different judges attempting to explain the analysis they […]
CHAPTER ONE – JOINT ENTERPRISE BEFORE JOGEE The term ‘joint enterprise’ is an imprecise, broad and often misunderstood piece of legal terminology. In February 2016 the Supreme Court and the Judicial Committee of the Privy Council sat together for the first time and stated that since 1984 one aspect of the […]
CHAPTER TWO – RIGHTS OF WAY Introduction Disputes can also commonly arise in situations where one property has the advantage of a right of way over another and that right is in some way interfered with or prevented from being exercised. Such rights, a species of easement, can take myriad […]
CHAPTER ONE STAGE 1 1. Suitability of the Portal 1.1. General Considerations The RTA Protocol, as its full name suggests applies only to road traffic accidents which results in personal injury. Paragraph 4.1 states: ‘This Protocol applies where— (1) a claim for damages arises from a road traffic accident where […]
CHAPTER ONE INTRODUCTION – WHAT IS PRESCRIPTION? What Is Prescription and Why Do We Have It? The subject matter of this book is the law of prescription in Scotland. In particular it is concerned with “negative prescription”, i.e. the loss of rights or extinction of obligations over time. That is […]
CHAPTER ONE INTRODUCTION The problem Construction and rectification problems in wills and other trust instruments1 come in many different shapes and sizes. When considering a provision in a will or other trust instrument which is unclear and/or can be interpreted in different ways, the PRs or trustees, beneficiaries and other […]
CHAPTER FIVE DATA PROCESSORS Who is a Data Processor? As discussed earlier, the school is a ‘Data Controller’ as it is the organisation who decides the manner and purpose of how personal data is collected and used. In contrast, a ‘Data Processor’ is an organisation or individual that processes personal […]
CHAPTER FOUR MEANING OF SCRAP METAL DEALER, MOBILE COLLECTOR AND MOTOR SALVAGE OPERATOR Who is a scrap metal dealer? There is more than one question to be answered when considering the definition. The first step is to consider what “scrap metal” is. Section 21(6) of the Act defines it as […]
CHAPTER THREE SCHEDULE 1 AND STATUTORY CHILD SUPPORT: A DOUBLE ACT? This legislation is, as I have said, the Cinderella of the family jurisdiction. Often passed over and underused I seek to explain here its origins and objectives. It was of course the warmup act for the Child Support Act […]
CHAPTER TWO – FREELANCE SOLICITORS ARE SOLE TRADERS The SRA and Law Society materials make very clear that being a freelance solicitor will mean being a sole trader. What does this actually mean? It means that you cannot be a limited company and you cannot be a Limited Liability Partnership […]
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