Don’t be caught napping – Minimum wage and sleepovers
17 July 2018
The Court of Appeal has held that carers who sleep at a client's home, technically being 'on call', are not entitled to the minimum wage while they are asleep.
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Seeking to Split Proofs
11 July 2018
As insurers will be aware, the court reforms in Scotland have not resulted in civil proofs (trials) being fixed expeditiously in the Court of Session in cases where proofs exceeding 4 days are sought.
Liabilities? What Liabilities?
11 July 2018
Many of us who deal with credit hire litigation on a daily basis often wonder what the hirer is told about their contractual liabilities by the credit hire / accident management company at the point of signing the credit hire agreement. Is the hirer made fully aware of his or her potential liability to repay the credit hire charges in full under certain circumstances? Or are they assured by representatives of the hirer that they will not be liable for the credit hire charges, despite signing clear contractual terms to the contrary? Certainly, when the hirer has been cross-examined on this point at proof or trial in the English and Scottish courts, the evidence provided by the hirer has been revealing.
Simple Minds
11 July 2018
In a break from the insurance and personal injury cases that normally populate these pages there has been a recent decision from the Sheriff Appeal Court in the case of Cabot Financial UK Ltd v Gardner and Ors, [2018] SAC (Civ) 12 which will be of general interest. This appeal related to debt recovery cases for assigned credit card debts.
It’s all a bit of a guddle
11 July 2018
Our e-update from April this year first discussed the Inner House of the Court of Session’s decision in Grubb v Finlay [2018] CSIH 29 which was an appeal of the judge at first instance’s refusal to dismiss the pursuer’s claim on grounds of fundamental dishonesty.
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