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Dispute Resolution

The current Coronavirus outbreak is undoubtedly having an effect on each and every one of us, both in the context of our working lives and our family lives.

Last week the Government issued guidance as to what we all should and shouldn’t be doing to keep both ourselves and our families’ safe during this outbreak.  Many parents are trying to work out suitable arrangements for what is right and in the best interests of their children with the likes of home schooling one of the many considerations.  Additionally for separated parents, where their children were ordinarily moving between two households, whether by agreement or court ordered arrangement, one question for them will be how such contact between a child and the other parent can operate safely in the current circumstances.

These are challenging times and the raft of support measures introduced by the government are very welcome.  There are other measures that can help protect your business.  Caveats act as an early-warning system in the event that certain types of action are raised at Court in Scotland against your business without your knowledge.  They should therefore be considered as an integral tool of any business risk management strategy.

Updated on 27 March 2020

What is happening with the courts in Scotland and how are ongoing civil court proceedings affected?

In response to the latest stringent restrictions announced by the UK and Scottish governments, the SCTS has now confirmed that, as part of the next phase of its contingency plans, all civil business will be adjourned until further notice.

Time to review credit control

Almost on a daily basis new measures are being introduced by the Government and other bodies to support business whilst the fight to slow the spread of COVID-19 continues. Calls are being made upon the First Minister Nicola Sturgeon to clarify how these measures will work in practice, but what is clear is the devastating impact this already has on business cash flows throughout the UK.

Until this support arrives in real hard cash, what can be done to ensure employees and suppliers are paid at the end of this month and months to come? This is the time to review credit control procedures and book debt.

The high cost of paying for your payments - Solved?

Dispute Resolution partner, Robert McDiarmid, is featured in February's edition of the Business Bulletin - published by Aberdeen & Grampian Chamber of Commerce. 

Recent publicity around the Supreme Court’s refusal to grant a divorce to a woman, who claimed to be ‘trapped in a loveless marriage’ to her husband of 40 years, has highlighted the differences in divorce law in England and Wales, compared with Scotland.                                                                                                                                                                                                                     

Family practitioners have been eagerly awaiting the Supreme Court decision in the case of McDonald v McDonald as to the interpretation of Regulation 4 of the Divorce etc (Pensions) (Scotland) Regulations 2000.   The Supreme Court have now released their judgment – creating a landmark decision for how pensions should be treated upon divorce.                                                                                                                                                                                                                             

When spouses separate and require financial resolution between them as a result, in Scotland they will be advised by family lawyers that they are entitled to fair division of the net matrimonial property.  In general terms matrimonial property includes all assets belonging to the parties individually or jointly which was acquired during the period of marriage and held as at the date of separation, less any debts similarly held by the parties individually or jointly as at that date, subject to a few exceptions.                                                                                                                                                                                                                                

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