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Contributions by Harper Macleod LLP Experts

9

Cohabitant claims in Scotland
Practice notes

This Practice Note provides an introduction to claims that may be made by cohabitants under Scottish law by virtue of the statutory scheme contained in sections 25 to 29 of the Family Law (Scotland) Act 2006 (FL(S)A 2006), including claims on separation or death. It considers matters of jurisdiction, orders that may be made by the Scottish courts and the approach to such claims.

Financial provision for spouses and civil partners in Scotland
Practice notes

This Practice Note provides an introduction to financial provision claims that may be made by spouses and civil partners under Scottish law by virtue of the Family Law (Scotland) Act 1985 (FL(S)A 1985), and sets out the principles and factors to be considered by the court when making orders for financial provision on divorce or dissolution in Scotland.

Judicial review—pre-action considerations and procedure—Scotland
Practice notes

This Practice Note outlines the key procedural stages and rules for judicial review in Scotland. It also sets out key preliminary and pre-action considerations, such as alternatives, standing and time limits.

Judicial review—what it is and when it can be used—Scotland
Practice notes

This Practice Note outlines the definition and scope of judicial review in Scotland, providing introductory guidance to Scottish judicial review claims. It considers key preliminary and pre-action issues, such as who and what can be challenged and by whom, the grounds for bringing a claim, the remedies that can be sought and when judicial review should and should not be used.

Private children proceedings in Scotland
Practice notes

This Practice Note provides an introduction to private children proceedings in Scotland, including as to parental responsibilities and rights and how they may be acquired, the appointment of a guardian, orders that may be made by the court under the Children (Scotland) Act 1995 and matters the court must have regard to. It also considers the jurisdiction of the Scottish courts in private children proceedings and procedure in both the sheriff court and the Court of Session.

Scotland: the Accountant in Bankruptcy
Practice notes

This Practice Note, produced in partnership with James Lloyd of Harper MacLeod LLP, looks at the role of the Accountant in Bankruptcy (AiB) in Scotland. It considers the role, functions and responsibilities of the AiB.

Scotland: the Debt Arrangement Scheme
Practice notes

This Practice Note, produced in partnership with James Lloyd of Harper Macleod LLP, considers the Debt Arrangement Scheme (DAS) that operates in Scotland. The DAS is a statutory scheme administered by the Accountant in Bankruptcy allowing certain debtors to repay their debts over an extended period under a debt payment programme.

Scotland: the process for applying for sequestration
Practice notes

This Practice Note, produced in partnership with James Lloyd of Harper MacLeod LLP, looks at the process for apply for sequestration in Scotland (equivalent to bankruptcy in England, being the legal process by a trustee to gather in, realise and distribute an insolvent debtor’s estate among creditors). It considers who may apply, debtor applications and court applications.

Specific public sector equality duties—Scotland
Practice notes

This Practice Note examines the scope and requirements of the specific public sector equality duties which apply in Scotland, enabling listed public authorities to achieve improved equality outcomes in compliance with the general public sector equality duty under section 149 of the Equality Act 2010.

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