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Miller Homes Limited v The Keeper of the Registers of Scotland – 24 March 2014

Originally posted on Enhance with Tods:

The March 2014 Miller Homes case involved an appeal under Section 25 of the Land Registration (Scotland) Act 1979 (“the Act”).   Miller Homes appealed against the Keeper’s decision to exclude title indemnity on the basis that proprietors of houses within a development with titles registered in the Register of Sasines may have acquired prescriptive rights of common ownership in the area concerned. 

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Tods Murray trainees and partners.

Maybe aye, maybe naw: workplace discrimination and the independence debate

Maybe aye, maybe naw: with the Scottish independence referendum fast approaching, workplace discussions about how individuals are choosing to vote (or not vote) are top of the agenda in the staff coffee room.  Some employers may have issued a specific staff communication or policy to regulate the expression of pro or anti-independence views Continue reading

Tods Murray trainees and partners.

Applications open for Charity of the Year 2015

I can hardly believe the time has come around to start thinking about Charity of the Year applications for 2015.

We have had a great year so far working with The Yard:  most recently we organised an abseil down the side of our office building, which was very exciting!  We have had many other events involving people from all areas of the firm (not everyone fancied the abseil!) and we have more planned for the rest of the year. Continue reading

Tods Murray trainees and partners.

40 Years of the Health and Safety at Work Act 1974

In the forty years since the 1974 Act came into force, health and safety legislation has often been misunderstood and misinterpreted by employers, employees and the public at large. Often decried by the press as the epitome of the ‘nanny state’, the 1974 Act is, in fact, one of the most effective and well drafted pieces of legislation on the statue books. Continue reading

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The Supreme Court Resets the Clock on Prescription

Originally posted on Enhance with Tods:

David T Morrison & Co Ltd t/a Gael Home Interiors (“Morrison”) v ICL Plastics Limited and others (“ICL”)


The Supreme Court has overturned the approach taken by the Scottish courts for a number of decades, finding that the five year deadline for bringing a claim for damages (prescription) runs from the date on which a pursuer knows that they have suffered damage.  Lack of awareness of the cause of damage or the identity of the defender is not relevant.  Where does this decision leave us?

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