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Scottish Income Tax – where are we now? 

Scottish Income Tax – where are we now?

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Since April 2016, the Scottish Government has exercised its power under the Scotland Act 2012 to set its own rate of tax on the income of a Scottish taxpayer and from 6th April 2016, Scottish taxpayers “benefited” from the lowest income tax rate in the UK, of 10%. The inverted commas have been used because in real terms, no-one actually saw any difference! The UK income tax rates of 20, 40 and 45% set by Westminster had been reduced by an equivalent ten per cent for Scottish taxpayers so there was no real increase or decrease overall, certainly as regards 2016/17 tax year.

The following tax year was slightly different however, and our MPs, dipping their legislative toes ever deeper into the water then made the historic decision to set separate Scottish income tax rates and bands for the first time. Tax rates were frozen, as were income tax bands so whereas the rest of the UK saw an increased basic rate band limit of £45,000, it remained at £43,000 in Scotland. 


 

Posted 06/04/18


Leading law firm Miller Hendry promotes Leann Brown to role of Associate in the Dundee office’s Private Client Department

Leading law firm Miller Hendry promotes Leann Brown to role of Associate in the Dundee office’s Private Client Department

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Leading Tayside solicitors and estate agents Miller Hendry has announced another key promotion, as it continues to expand and strengthen its team in Dundee.

Leann Brown has been promoted into the role of Associate in a move which enhances the Private Client Department in Dundee. Having worked with prominent law firms in Fife, Aberdeen and Dundee, the University of Dundee graduate joined Miller Hendry in 2013 and specialises in will drafting, powers of attorney, executry and trust administration, and estate planning.

John Thom, Chairman of Miller Hendry, said: “I am pleased to announce this promotion which underlines Miller Hendry’s ongoing commitment to investing in our people to meet the growing demand from clients for our range of specialist services. 

 

Posted 06/04/18


Agricultural and Business clients - It’s time to review assets and maximise reliefs

Agricultural and Business clients - It’s time to review assets and maximise reliefs

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For many of our business and agricultural clients, their key focus is to keep their assets in the family with the challenges of Inheritance Tax not at the forefront of their minds. It’s not something businesses really want to have to think about.

It’s time for businesses to sit up, think about the future and take action as the Government has embarked on a review of the reliefs available and may potentially scrap them altogether. 

We recommend that our business and agricultural clients conduct a review of their assets with their Lawyer and Accountant to ensure that they are maximising the reliefs available to them whilst preserving their assets to pass down to the next generation.

 

Posted 06/04/18


Firefighter ruling sparks new heat for employers 

Firefighter ruling sparks new heat for employers

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A court ruling where a volunteer firefighter’s time on standby was declared as ‘working time’ is set to spark new heat for employers, according to a leading Tayside Employment Law expert.

The Court of Justice of the European Union (CJEU) ruled that a Belgian volunteer firefighter, Rudy Matzak, is a ‘worker’ and, under the Working Time Directive, his time on standby is now ‘working time’.

Alan Matthew, an Employment Law solicitor from Miller Hendry, which has offices in Dundee, Perth and Crieff, is urging businesses not to ignore this case which “adds to the already complex minefield for compliance with on-call workers.”


 

Posted 06/04/18


Sexual Harassment in the Workplace

Sexual Harassment In The Workplace

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All workers are protected from sexual harassment in the workplace. This protection comes from both Employment Law and Criminal Law, depending on the circumstances involved. 

Sexual harassment is unwanted conduct of a sexual nature which has the purpose or effect of violating the dignity of a worker, or creating an intimidating, degrading, humiliating, hostile or offensive environment for them. 

Something can still be considered sexual harassment even if it was not intentionally directed at a specific person. It is irrelevant whether or not the alleged harasser meant for the conduct in question to be sexual harassment. 

Employers should make clear to workers what sort of behaviour would be considered sexual harassment and that it is unacceptable. 

 


Posted 04/04/18


Three Yearly LBTT Returns – A Trap for the Unwary

Three Yearly LBTT Returns

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Most tenants of commercial property will now be familiar with Land and Buildings Transaction Tax (LBTT) in Scotland which replaced Stamp Duty Land Tax (SDLT) which applies within the rest of the UK.  

Most tenants of commercial premises are aware (depending on the length of the lease and the rent payable) that an LBTT Return to Revenue Scotland should be made and LBTT paid at the point of entering into the lease. Many tenants, however, may not be aware that an LBTT Return may also be required to be submitted after three years or where the initial rent has been increased.   



Posted 04/04/18


New National Minimum and National Living Wage Rates

Minimum Wage

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The National Minimum Wage (NMW) is the minimum pay per hour most workers under the age of 25 are entitled to by law.

The National Living Wage (NLW) is the minimum pay per hour most workers aged 25 and over are entitled to by law. 

Both a worker’s age and whether or not they are an apprentice affects the rate payable. 

From 01 April 2018, the rate per hour for those ages 25 and over will increase from £7.50 to £7.83. 




Posted 04/04/18


Carol Brock celebrates 30 years of service at Miller Hendry 

Carol Brock celebrates 30 years of service at Miller Hendry

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Carol Brock, a secretary for leading Tayside solicitors and estate agents Miller Hendry, has marked 30 years of employment with the company.

Carol, who has lived and worked in Crieff all her life, was presented with a bouquet of flowers and a champagne afternoon tea at Gleneagles by Julie Darroch and David Smart, both Associates at Miller Hendry’s Crieff Branch.

Joining the business in 1988, Carol has worked in the Crieff branch for three decades and has seen her role evolve over the years from filing and administration to getting to grips with new technology.



Posted 30/03/18


Commercial Leases

Commercial Leases

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The introduction of the new Scottish Private Residential Tenancy (SPRT) has focussed recent attention on Scotland’s residential tenancy market. Leases for offices, retail space, pubs and restaurants, hairdressers and other commercial units are a very different world far removed from residential leases. Consequently, greater care should be taken before signing up to a commercial lease.

Where money is tight, such as new business start-ups, in many cases a prospective tenant will sign a lease without considering its terms in detail. I would not recommend that anyone follow that course of action. It may save on paying legal costs and appear cheaper in the short term but there are many hidden costs in a commercial lease and our experience with clients is that often it is not the cheaper option in the long run. 



Posted 27/02/18


Leading law firm Miller Hendry strengthens its teams in Dundee and Perth with six key appointments

Leading law firm Miller Hendry strengthens its teams in Dundee and Perth with six key appointments

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Leading Tayside solicitors and estate agents Miller Hendry has announced a raft of six key appointments and promotions, expanding and strengthening its teams in Dundee and Perth.

Aileen Scott and Beverley McMahon have been promoted into the roles of Senior Associates.

Aileen’s promotion enhances the Private Client Department in Perth, underlining the firm’s ongoing commitment to the ‘Fair City’. She boasts experience in the administration of executries, estate and inheritance tax planning, guardianships, wills and powers of attorney.



Posted 07/02/18

4 Shocking Reasons Tayside Businesses Are Failing To Protect Their Intellectual Property

4 Shocking Reasons Tayside Businesses Are Failing To Protect Their Intellectual Property

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If there is one term that will become the ‘business buzzword’ for 2018, it’s innovation. Businesses are built on good ideas, and great businesses make sure they keep coming up with new ways to push their company for-ward, staying ahead of the competition.

“Intellectual property is a minefield filled with potential for (expensive) litigation, product sabotage, and risk,” says Alistair Duncan, head of the Commercial Law Department at Tayside-based solicitors Miller Hendry.

“But as British business starts to rely once again on Research & Development, intellectual property is being tak-en more seriously, and is now regarded as a tangible asset rather than just a valueless concept or idea.


Posted 10/01/17

How to give cash gifts without falling foul of the taxman this Christmas

siteadmin.simbla.com     Website Page Help  Publish  Save EditPreview Pro Page ournewsandblog Welcome Support Block type Intro Header Content Multimedia Contact Footer Drag Blocks from here   Masterpage area, double click to edit                home our services new clients knowledge base about us contact us         HTML    Masterpage area, double click to edit    templatelogo.png    HTML     HTML       Masterpage area, double click to edit 4 Shocking Reasons Tayside Businesses Are Failing To Protect Their Intellectual Property    4 Shocking Reasons Tayside Businesses Are Failing To Protect Their Intellectual Property 4 Shocking Reasons Tayside Businesses Are Failing To Protect Their Intellectual Property Share this story : HTML      If there is one term that will become the ‘business buzzword’ for 2018, it’s innovation. Businesses are built on good ideas, and great businesses make sure they keep coming up with new ways to push their company for-ward, staying ahead of the competition. “Intellectual property is a minefield filled with potential for (expensive) litigation, product sabotage, and risk,” says Alistair Duncan, head of the Commercial Law Department at Tayside-based solicitors Miller Hendry. “But as British business starts to rely once again on Research & Development, intellectual property is being tak-en more seriously, and is now regarded as a tangible asset rather than just a valueless concept or idea.  Posted 10/01/17 Read More Here    HTML                         Reset Format Source Sans Pro 22px 24px       How to give cash gifts without falling foul of the taxman this Christmas    news2017-howtogivecashgiftswit… Share this story : HTML sharer u=https%3A%2F%2Fwww.mil…     Christmas is a time when many parents and grand-parents choose to gift cash to younger relatives – to put towards a car or first home, for example. But before you whip out the cheque book to spread some seasonal cheer, it’s wise to take the taxman into account and be aware of the rules. That’s the advice from Ernest Boath, Head of Private Client at Miller Hendry Solicitors and Estate Agents, who advises: “While larger gifts may be taken into account, anyone can make smaller gifts or gifts out of surplus income without it being taken into account for inheritance tax purposes, as long as some simple rules are followed.”  Posted 20/12/17 Read More Here    HTML Massive shake-up for private renters in Tayside    news2017-massiveshakeupforpriv… Share this story : HTML      Massive changes to the law came into force this month for Scotland’s 760,000 private renters. The private residential tenancy rules – rolled out as part of the Private Housing (Tenancies) (Scotland) Act 2016 - scrap fixed-term rentals, meaning leases will effectively be open-ended.  Rent increases can only be made once every 12 months, and tenants who believe them to be unfair can take them to a new tribunal which deals with disputes.  Leading Tayside solicitors and estate agents Miller Hendry have landlords and tenants as clients. Jeffrey Hope, property law expert with the firm, says it is “vital” for everyone involved in private renting to understand their new rights and responsibilities.  Anyone signing a tenancy from December 1, 2017, will be covered by the new rules, and all landlord and tenant disputes will be heard in a new specialist tribunal. Jeffrey Hope said: "These new rules have been described as the biggest change to the private rental sector for a generation, and it is vital that landlords in particular take early legal advice.  Posted 15/12/17 Read More Here    HTML Leading Tayside employment law specialist Alan Matthew urges locals to register tribunal fee refund claim    news2017-leadingtaysideemploym… Share this story : HTML      Employment tribunal fee refunds are now being processed paving the way for millions of pounds to be repaid to claimants. The opening phase – which saw around 1,000 people contacted individually – rolled out in October/ November with the full scheme now fully open In December.  The repayment scheme was introduced in response to a Supreme Court ruling which found that the UK Gov-ernment acted unlawfully and unconstitutionally when it introduced the charges of up to £1,200 in 2013 in a bid to reduce the number of malicious and weak cases.  Ministers will now have to refund up to £33m to claimants after trade union Unison argued successfully that fees prevented workers accessing justice.  The news has been warmly welcomed by Tayside employment law expert Alan Matthew who has publicly lobbied for a rethink on tribunal charges since 2013, strongly supporting the right of employees to access justice.   Posted 15/12/17 Read More Here    HTML Miller Hendry’s Angel Tree boost for Salvation Army in Perth, Dundee and Crieff    news2017-millerhendrysangeltre… Share this story : HTML      Miller Hendry has been encouraging staff at its branches in Dundee, Perth and Crieff to get involved in its festive charity campaign, which sees the collection of small gifts for underprivileged children, with donations being delivered to The Salvation Army today (Friday, December 15). The Miller Hendry Angel Tree takes pride of place in the reception areas of the three offices and is decorated with little angels. Each angel contains the catalogue details and price of a child’s Christmas gift costing between £3 and £10 from a high street store and staff have been asked to take an angel of their choice and donate the gift to help vulnerable families this Christmas through The Salvation Army.   2017 marks 152 years of The Salvation Army helping people facing difficulty from all walks of life across the United Kingdom. The work that they do to help local communities is completely reliant on donations and so campaigns, such as the Miller Hendry Angel Tree, are what enables them to help on average around 15,000 parent and toddlers a week and provide over three million nourishing meals throughout the year.  Posted 15/12/17 Read More Here    HTML Family Values – A Cautionary Tale    news2017-FamilyValuesACautiona… Share this story : HTML      We are often approached by clients who wish to make arrangements within the family regarding their property. A common example would be ageing parents wishing to put the title to their home in their childrens’ names, with the intention of making their estate easier for their children to deal with when they pass away, or perhaps attempting to avoid care home fees. These scenarios are not without their difficulties, in particular where the property to be transferred is the main residence and the parents will continue to reside there, albeit that the property is no longer in their names.   We advise such clients that they ought to document their intentions clearly when it comes to these types of family arrangements and build in any necessary safeguards. With loss of ownership comes loss of control and unforeseen scenarios can arise which can put the original arrangement in jeopardy in the absence of any formal legal agreement. It is important to ensure that a right to continue reside in the property is protected and that well-meaning intentions are not thwarted by other family members. This advice is often met with a degree of scepticism, perhaps understandably so, as most people would not wish to believe that such problems could arise within their family. Posted 14/12/17 Read More Here    HTML To Quit, or Not to Quit, That is the Question…    news2017-Toquitornottoquit Share this story : HTML      As commercial property lawyers, we inevitably find ourselves up against urgent timescales on a regular basis – such is the nature of the beast. Terminating leases of commercial premises in particular can often leave us in a race against the clock. Landlords and tenants alike often do not realise that leases of commercial premises do not automatically come to an end on the date of expiry stated in the lease. Regardless of the stated date of expiry, a commercial lease can only be validly terminated by one party giving sufficient notice to the other of their intention to terminate the lease on the expiry date. If notice is not given, the lease will generally be deemed to continue on a year to year basis, known in legal parlance as “tacit relocation”.   Posted 14/12/17 Read More Here    HTML Snow time like the present! 7 things Tayside employers need to know if your staff take the day off because it’s snowing    news2017-snowtimelikethepresen… Share this story : HTML      With bookies slashing the odds of a White Christmas this week, Scotland and the rest of the UK is braced for the coldest winter in five years. But while a generous sprinkling of the white stuff looks fabulous when you’re tucked up inside, it also brings with it a whole host of challenges for employers, not least its ability to bring your business to a standstill. But what happens when schools close, public transport grinds to a halt and your staff can't get into work?  Posted 22/11/17 Read More Here    HTML Rookie renters advice: What every student (and parent) should know before choosing university or college accommodation    Rookie renters advice: What every student (and parent) should know before choosing university or college accommodation Share this story : HTML      Students are arguably the most vulnerable demographic renting today. The majority are living away from home for the first time, and are often unaware of the pitfalls of renting accommodation. While parents can help guide the rookie tenants through the process, they may themselves not be aware of how things have changed since their uni days or first-time flat rental. All too often both parents and students get focused on the emotional upheaval or logistics, rather than the important details of checking out the property and making sure the landlord is a safe bet. Privately-owned student accommodation is likely to be an HMO - or house of multiple occupation – if it accommodates three or more students, which places extra obligations on the landlord.  Posted 20/10/17 Read More Here    HTML Tayside families urged to make a will after new report reveals that half of UK families have never discussed inheritance    Tayside families urged to make a will after new report reveals that half of UK families have never discussed inheritance Share this story : HTML      A leading Tayside solicitor is urging local families to discuss estate planning with their nearest and dearest. Speaking ahead of Will Aid month this November Leann Brown, a senior solicitor with Miller Hendry’s Dundee office, says it’s vital that families discuss estate planning, not just so that wishes are known, but also to allow time to plan any tax mitigation, and to ensure that matters are as straightforward as they possible in the event of someone losing capacity, or dying.  She continued: “Sometimes it takes a specific event to occur before people will consider discussing their finances and what happens when they die. We see lots of clients who have been prompted to perhaps put a Will or Power of Attorney in place because a family member has had a health scare, or someone known to them has died.”    Posted 20/10/17 Read More Here    HTML Linda Christie marks 30 years at Miller Hendry in Dundee    Linda Christie celebrates 30 years Share this story : HTML      Senior Executry Paralegal Linda Christie recently celebrated 30 years with leading Tayside solicitors and estate agents Miller Hendry. She was presented with gifts on behalf of the firm by Ernest Boath, Head of the Private Client Department, at a special ceremony attended by her colleagues.   Linda, who is based in the firm’s Dundee office, has many years’ experience in dealing with the administration of Executries, originally with Burns Veal and subsequently with Miller Hendry following the merger of the firms in 1998. She is a qualified Law Accountant in Scotland (SOLAS).   Posted 13/10/17 Read More Here    HTML Kirriemuir Thistle U19s kitted out in style thanks to Miller Hendry    Kirriemuir Thistle Share this story : HTML      Kirriemuir Thistle U19s kicked off the 2017/18 football season in style with some brand new kit supplied by Miller Hendry solicitors and estate agents. Ernie Boath, Partner and Head of Private Client Department, presented the strips to the delighted squad at a recent training night in Martin Park.  Mr Boath, who has a strong personal connection with the squad, explained: “Miller Hendry sponsored the team some years ago when my older son Calum played in the U9s and now my younger son Duncan is playing in the U19s.  “Supporting and encouraging young people in the area is very important to us and we are delighted to be able to highlight the commitment and passion of the players and volunteers at Kirriemuir Thistle JFC by supplying the U19s with their new club strips. I hope the new kit will bring them luck in their fixtures throughout the year.”   Posted 12/09/17 Read More Here    HTML Miller Hendry sponsors Dundee and Angus Chamber of Commerce AGM    John G Thom  Share this story : HTML      Leading Tayside legal and estate agency practice Miller Hendry is sponsoring Dundee and Angus Chamber of Commerce’s forthcoming AGM. The high-profile business event takes place on Thursday, August 31 in the Invercarse Hotel from 4-8pm.  Chairman John Thom said: “Miller Hendry is delighted to be sponsoring this important annual event. Not only does the AGM give members the opportunity to discuss the future direction of the Chamber, but it’s an exciting showcase for Tayside’s vibrant business community with dozens of exhibitors taking part.”    Posted 30/08/17 Read More Here    HTML Directors could face criminal charges and big fines as UK Government rolls out new rules to help SMEs get paid in time    Court Share this story : HTML      Company directors could face criminal charges under new rules designed by the UK Government to help small businesses get paid on time by larger corporates. The new criminal offence kicked in when the Reporting on Payment Practices and Performance Regulations 2017 came into effect on April 6, 2017.  Now, when a company fails to publish information about how long it takes to pay suppliers, both the business and each individual director will face criminal prosecution and unlimited fines.   Posted 21/08/17 Read More Here    HTML Make the most of new Inheritance Tax rules as soaring house values push IHT receipts to almost £5bn    Soaring house prices Share this story : HTML      Inheritance tax (IHT) paid by UK families has topped £5bn a year for the first time in history. People often assume that IHT only applies to the very rich, but a record number of middle-class families are affected as a result of soaring house prices and stamp duty discouraging elderly people from downsizing. According to the most up-to-date figures provided by HM Revenue & Customs (HMRC), the amount of money paid in Inheritance Tax (IHT) by UK families has risen by almost 70% over the last five years (2012-2017). The figures show that in 2011/12, HMRC collected £2.9bn and this increased to £4.8bn for the 2016/17 tax year. The statistics also show a sharp peak in IHT receipts at the beginning of this tax year, with an increase compared to the same period last year of 34%. Record numbers of estates, particularly in the south of England, are paying IHT as a result of increasing house prices and the freezing of the IHT nil-rate band at £325,000 since 2009.   Posted 14/08/17 Read More Here    HTML Scotland’s first ever disqualification order has major implications for private landlords in Tayside    Rogue Landlords Share this story : HTML      Rogue landlords can expect stiffer penalties after a landmark court ruling signalled a crackdown on lawbreakers. Mohammed Murtaza recently became the first private landlord to be disqualified by a Scottish court when he was convicted for operating as a landlord after his registration was refused.  Following his second conviction at Kirkcaldy Sheriff Court, the 47-year-old Fife landlord was banned from renting out homes anywhere in Scotland for 12 months. He was also fined £500.  Mr Murtaza was found guilty of breaching both the Antisocial Behaviour (Scotland) Act 2004, and the Housing (Scotland) Act 2006.  Sheriff Gilchrist said it was "a flagrant breach of legislation".  The landlord had previously been convicted at Kirkcaldy Sheriff Court in November 2014 for failing to comply with his private landlord duties under the Antisocial Behaviour etc (Scotland) Act 2004 and for being in breach of Gas Safety (Installation & Use) Regulations 1998.   Posted 11/08/17 Read More Here    HTML EU’s anti-money laundering reforms may have an impact on Tayside businesses says Miller Hendry’s Alistair Duncan    Money Laundering  Share this story : HTML      Businesses in Tayside may have to carry out rigorous checks to make it harder for terrorists and criminals to launder money through the UK’s financial system. The fourth EU Money Laundering Directive (4MLD), which came into force on June 26, strengthens the existing rules to make it much harder for law breakers to move funds, hide assets or avoid tax. It comes as discussions with the European Parliament and the Council on extra measures to further reinforce the Directive are already at an advanced stage. Introduced last year as part of the Small Business, Enterprise and Employment Act 2015, the regime requires unlisted UK companies and LLPs to identify “People with Significant Control” over them, and to record their details in a statutory register. Until now, any changes to the PSC register could be notified annually using the company’s annual CS01 confirmation statement, but in future there’s a new process to notify any change, with 14 days to update the firm’s PSC register and a further 14 days to send the information to Companies House.  Posted 11/08/17 Read More Here    HTML Pollock v Drogo Development Limited - Pipe down, you agreed to it?    Pipe down you agreed to it Share this story : HTML      It is common for neighbours to have rights over each others’ properties for services such as drainage pipes and other utilities. But what should you do if you think your neighbour has overstepped the mark and is intending to carry out works on your land over and above what they are entitled to do? That is the question in a recent court case which saw Drogo Developments install new drainage pipes on neighbouring land belonging to Pollock which fell outwith the area over which they had been granted rights for services. It has been accepted that Drogo have indeed carried out works which they had no right to do, but they argue that Pollock have lost their right to object by acquiescence i.e. by not objecting at the outset and allowing the works to take place. This point is currently under discussion and a decision has yet to be made. If you find yourself in a similar position to Pollock, we would recommend seeking the advice of your solicitor as soon as you become aware of matters and informing your neighbour of your objection in writing without delay. It remains to be seen whether Drogo will be successful in their argument in this particular matter, but sitting on your hands will not serve to strengthen your case even when you believe the other party to be the one in the wrong.  Posted 10/08/17 Read More Here    HTML Dunlea v Cashwell - What is “normal” anyway?    Dunlea v Cashwell - What is “normal” anyway? Share this story : HTML      We are often involved in dealings with land intended for redevelopment, but much of the time we are not approached by our clients until they have already spent considerable time and money on the process of obtaining planning consent. If you are considering buying land for development, or redeveloping land you already own, you might consider asking your solicitor to review the title to the land at the outset, to ensure that there is nothing in it which would adversely affect the intended development. Titles to land can often place restrictions on use of the land or the access thereto, which may be enforceable by third parties. Dunlea discovered that to their cost in a recent case, when it was decided that a right of access to their land for “normal” residential use did not extend to construction traffic despite the fact that this was in connection with the construction of a residential dwelling. It is therefore worth asking your solicitor to carry out a title check to avoid incurring costs on a project which may ultimately prove to be fruitless.   Posted 10/08/17 Read More Here    HTML St Andrews Forest Lodges Ltd v Grieve - Doing what it says on the tin?    St Andrews Forest Lodges Ltd v Grieve  Share this story : HTML      As property lawyers we are often approached by clients who wish to grant some sort of occupancy rights to their property in favour of a third party but which falls short of a full blown lease with all of the obligations and implications that entails. Creating an occupancy agreement – often labelled a “licence to occupy” – which falls short of being an actual lease is possible in certain limited circumstances. It is important to be aware, however, that it is not just a question of labelling. If a tin of carrots is mistakenly labelled “peas”, that does not change the contents of the tin. The same principle applies to leases and licences to occupy. If it looks like a lease and acts like a lease, then it is a lease regardless of what it says on the tin. Just as we might be disappointed to open our tin of “peas” and discover carrots, so too can property owners be left unhappy to discover that a deed which purports to be a licence to occupy is, when all is said and done, a lease. Property owners finding themselves in this situation can be subject to much more onerous obligations than they had anticipated.    Posted 10/08/17 Read More Here    HTML Supreme Court ruling that employment tribunal fees are unlawful is welcomed by leading Tayside employment expert    Tribunal fees are unlawful Share this story : HTML      A recent landmark Supreme Court ruling that employment tribunal fees are unlawful has been welcomed by a leading Tayside lawyer. Employment law expert Alan Matthew from Miller Hendry, which has branches in Dundee, Perth and Crieff, hailed the unanimous decision against the UK Government as “one of the most important in employment law in the modern era”. The UK Government will now have to refund up to £32m to claimants after trade union Unison argued successfully that fees introduced in 2013 prevented workers accessing justice. The Supreme Court ruled the government acted unlawfully and unconstitutionally when it introduced the charges of up to £1,200 in 2013 in a bid to reduce the number of malicious and weak cases.  Posted 02/08/17 Read More Here    HTML Leading legal and estate agency firm Miller Hendry sponsors Tug o’ War event at Crieff Highland Gathering for second year     Tug o’ War Share this story : HTML      Miller Hendry has been roped in as the official Tug o’ War sponsor at next month’s Crieff Highland Gathering which takes place in the town’s Market Park on Sunday, August 20, 2017. The leading legal and estate agency firm – which has a branch in the town’s Comrie Street - has enjoyed a close association with the Strathearn capital showpiece after generously supporting the popular event in 2016. John Thom, Miller Hendry’s Chairman, said: “Miller Hendry is delighted to continue our association with Crieff Highland Gathering by sponsoring the Tug o’ War competition for the second year in a row. It is a fantastic event and everyone in the firm is very much looking forward to what will be an exciting contest.  Posted 19/07/17 Read More Here    HTML Audrey Hepburn memorabilia wrangle highlights importance of making a concise Will says Tayside solicitor Caroline Fraser    importance of making a concise Will Share this story : HTML      Failing to draft a clear and concise Will can tear families apart and spark years of expensive legal wrangling, warns private client expert Caroline Fraser. Ms Fraser, a partner at Tayside legal firm Miller Hendry, was reacting to the news that the long-running feud between Audrey Hepburn’s two sons appears to be at an end. The Breakfast At Tiffany’s star left a £77 million fortune and a treasure trove of memorabilia which included items such as photos, iconic outfits, her personal wardrobe, classic posters, famous scripts, and awards. Although the collection was to be split 50/50 between Sean Ferrer and his half-brother Luca Dotta, her handwritten Will did not stipulate who should receive which items.  Posted 19/07/17 Read More Here    HTML Miller Hendry announces promotions in Perth and Dundee    Miller Hendry announces promotions in Perth and Dundee Share this story : HTML      Leading Tayside legal and estate agency firm Miller Hendry has made two promotions at its Perth and Dundee offices. Mhairi Cage has been promoted to Associate in the Private Client department after six years with the firm having started with the firm as a trainee in 2010. Based in Miller Hendry’s Perth office, she studied law at the University of Glasgow, graduating with 1st Class Honours, before completing the Diploma in Legal Practice at the University of Dundee in 2009.  Mhairi deals with Wills, Powers of Attorney, Executries, Guardianships, Inheritance Tax Planning, Trusts and Charities.   Meanwhile, Lyndsey Foggarty has been promoted to Associate in the Commercial department in Dundee after six years with the firm also having started with the firm as a trainee in 2010.   Posted 19/07/17 Read More Here    HTML Private parking fines ARE enforceable warns Tayside solicitor    Parking Fines Share this story : HTML      Tayside motorists who ignore fines from private parking firms, believing them to be unenforceable, do not have the law on their side. That’s the view of Aileen Scott, Associate Solicitor at Miller Hendry, who warned local drivers to be on their guard when parking on private land.  Her advice comes in the wake of two landmark cases which saw judges both north and south of the border rule that private parking fines are legally enforceable.   Posted 19/07/17 Read More Here    HTML Royal grief revelations help eradicate mental health stigma in the workplace    Mental Health Share this story : HTML      News that high street retail giant John Lewis has taken a £36m hit to profits to cover potential back payments to staff has thrown a spotlight on the pitfalls of breaching National Minimum Wage rules. And it looks likely that accurate calculations of the National Minimum Wage will continue to cause headaches for employers, with an employment tribunal acknowledging the complexity, saying there is no single key to unlocking every case. Recently, unintentional underpayments in staff pay packets have affected major retailers like John Lewis and Tesco, while others have been waiting for an employment tribunal decision on when sleeping night shift staff are eligible for the National Minimum Wage (NMW).  Posted 20/06/17 Read More Here    HTML John Lewis £36m back pay bill highlights pitfalls of breaching National Minimum Wage regulations    John Lewis Share this story : HTML      News that high street retail giant John Lewis has taken a £36m hit to profits to cover potential back payments to staff has thrown a spotlight on the pitfalls of breaching National Minimum Wage rules. And it looks likely that accurate calculations of the National Minimum Wage will continue to cause headaches for employers, with an employment tribunal acknowledging the complexity, saying there is no single key to unlocking every case. Recently, unintentional underpayments in staff pay packets have affected major retailers like John Lewis and Tesco, while others have been waiting for an employment tribunal decision on when sleeping night shift staff are eligible for the National Minimum Wage (NMW).  Posted 20/06/17 Read More Here    HTML When tweets become twibels … Tayside employers must face up to the social media challenge    Twitter Share this story : HTML      The recent Jack Monroe v Katie Hopkins libel action highlighted once again the legal minefield surrounding the use of social media. The English courts awarded food blogger Jack Monroe £24,000 damages, plus legal costs, after controversial columnist Katie Hopkins fired off two tweets suggesting Ms Monroe approved of defacing a war memorial. Although the law is different in Scotland, there are important lessons to be learned for businesses north of the border. Alan Matthew, partner at Tayside-based solicitors Miller Hendry, said: “Correctly used, social media can bring enormous business benefits – enhancing your brand, boosting your profile and even winning new customers. But irresponsible use can have far-reaching consequences, ruining careers and even lives.  Posted 10/05/17 Read More Here    HTML Tayside families could lose out after inheritance claims    Inheritance Disputes Share this story : HTML      Record numbers of inheritance disputes are going through the courts as modern family structures and rising house prices push more people to contest unfavourable outcomes. Two recent high profile English cases – which have implications in Scotland - have seen families losing out after legal action.  The English courts gave judgements in the cases of an estranged daughter who challenged her mother’s will after discovering she had been excluded, and two brothers who ran up fees totalling more than their entire inheritance by disputing a stepmother’s share of their father’s estate.   Posted 02/05/17 Read More Here    HTML Miller Hendry’s £4645 boost for Will Aid scheme    news2017-millerhendrysboostfor… Share this story : HTML      Tayside solicitors and estate agents Miller Hendry have raised £4645 for charity after taking part in the latest Will Aid campaign. Anthony McVeigh, from the Scottish Catholic International Aid Fund (SCIAF) ,visited the firm on Monday (April 24) to present partners and staff with a certificate to thank them for their support.  The big-hearted firm – which has offices in Dundee, Perth and Crieff – has taken part in Will Aid every year since 1996 and, in that time, has raised a whopping £79,503   Posted 25/04/17 Read More Here    HTML What does Europe’s workplace headscarf ban mean for employers in Tayside?    news2017-whatdoeseuropesworkpl… Share this story : HTML      A local employment law expert from solicitors Miller Hendry has claimed employers in Tayside CAN ban women from wearing Islamic head scarfs. Europe’s top court has ruled that it is not direct discrimination for companies and organisations to stop employees from wearing the hijab or any other religious and political symbols. But any ban must be based on internal company rules that require all employees to "dress neutrally", said the European Court of Justice (ECJ) in Luxembourg.  Posted 25/04/17 Read More Here    HTML Don’t miss out on new Inheritance Tax perk ahead of the new tax year, warns Miller Hendry legal expert    Wills Share this story : HTML      Individuals throughout Tayside could miss out on tax breaks if they fail to review their wills and investments ahead of major changes to Inheritance Tax (IHT) law early next month. That’s the warning from Ernest Boath, Head of Private Client at Miller Hendry Solicitors and Estate Agents, who advises: “As the end of the tax year approaches, it’s a good time to make sure you’re maximising your opportunities for inheritance tax reliefs.  Posted 29/03/17 Read More Here    HTML Residential tenancy shake-up under the microscope as top Tayside solicitor briefs Dundee Solicitors’ CPD group      JHope.jpg Share this story : HTML      A leading Tayside solicitor will brief legal professionals on major changes to the law surrounding residential tenancies this week. Jeffrey Hope, Managing Partner and property law expert at Miller Hendry Solicitors and Estate Agents, has been confirmed as guest speaker to Dundee Solicitors’ prestigious Continuing Professional Development (CPD) group on Wednesday, March 29, 2017. The Private Housing (Tenancies) (Scotland) Act 2016, which comes into force later this year, looks set to shake-up Scotland’s private rental sector by introducing new rules for landlords and tenants.  Posted 27/03/17 Read More Here    HTML Scotland's tenants and landlords braced for major shake-up    Scotland's tenants and landlords braced for major shake-up Share this story : HTML     Is the 80s’ dream of universal home ownership finally over? A perfect storm of soaring house prices, job insecurity and no access to a deposit means buying your own home is no longer an affordable option for a growing number of Scots.   Posted 23/03/17 Read More Here    HTML Tayside property owners warned of Scottish Land Register change as KIR goes live in Dundee postcodes    news2016-taysidepropertyowners… Share this story : HTML     A Scottish Government project to create a map-based, publicly-available Land Register by 2024 could have major financial implications for Tayside property owners. That’s the opinion of Alistair Duncan, a property law expert at Tayside Solicitors and Estate Agents, Miller Hendry, who has been weighing up the pros and cons, now that an integral part of the initiative has gone live in some Dundee and Angus postcodes (including Broughty Ferry and Monifieth). Posted 14/03/17 Read More Here    HTML Celebrity Deaths Highlight Inheritance Tax Woes    news2016-celebritydeathshighli… Share this story : HTML     The recent series of shocking celebrity deaths - including Harry Potter star Sir John Hurt in late January - are a timely reminder that everyone should make solid financial plans before they pass away. It has emerged that David Bowie left his $100m estate to his wife, Iman, and his two children. Carrie Fisher's $25million fortune will go to the Star Wars alumni's daughter Billie Lourde through a trust, while Wham legend George Michael's big sister Melanie will receive the bulk of his £105 million fortune. Posted 06/02/17 Read More Here    HTML Red light for roads’ bosses in tribunal case    Red Light for Roads' Bosses in Tribunal Case Share this story : HTML     The stark warning comes from Tayside solicitors’ firm Miller Hendry in the wake of a recent Employment Tribunal case in England, where an employer was found to have failed to facilitate breaks – even though the employee in question hadn’t asked for one! Posted 30/01/17 Read More Here    HTML Grandparents help cash-strapped millennials onto housing ladder    news2016-grandparentshelpcashs… Share this story : HTML     Cash-strapped millennials are getting a helping hand onto the property ladder thanks to their big-hearted grandparents. Members of the older generation are increasingly choosing to leave all or part of their estates to their grandchildren so they can afford to buy a home of their own. Posted 25/01/17 Read More Here    HTML Bosses braced for ‘thundersnow’ sicknotes as storms batter Tayside    Thundersnow Share this story : HTML     Tayside employers worried about the impact this week’s forecasted ‘thundersnow’ storms may have on their business are urged to check out an online guide published by solicitors firm Miller Hendry. Responding to an increase in enquiries about how small businesses should prepare for the winter season, employment law expert Alan Matthew has written the informative guidance document. Posted 12/01/17 Read More Here    HTML It’s the thought that counts: why firms need to be wary of being generous at Christmas    Christmas Gift Share this story : HTML     Local solicitors, Miller Hendry, have this week issued a timely warning to firms who are planning to splash out on some festive generosity to ensure they don’t fall foul of the Bribery Act. The Bribery Act ushered in a stricter anti-corruption regime when it came into force in 2011 and although Christmas gifts and hospitality are not banned, it’s important that companies don’t splash out too much as they may end up in deep water with over-generous Christmas gifts  Posted 13/12/16  Read more here    HTML    news2017-howtogivecashgiftswit… Share this story : HTML sharer u=https%3A%2F%2Fwww.mil…     Christmas is a time when many parents and grand-parents choose to gift cash to younger relatives – to put towards a car or first home, for example. But before you whip out the cheque book to spread some seasonal cheer, it’s wise to take the taxman into account and be aware of the rules. That’s the advice from Ernest Boath, Head of Private Client at Miller Hendry Solicitors and Estate Agents, who advises: “While larger gifts may be taken into account, anyone can make smaller gifts or gifts out of surplus income without it being taken into account for inheritance tax purposes, as long as some simple rules are followed.”  Posted 20/12/17 Read More Here    HTML Massive shake-up for private renters in Tayside    news2017-massiveshakeupforpriv… Share this story : HTML      Massive changes to the law came into force this month for Scotland’s 760,000 private renters. The private residential tenancy rules – rolled out as part of the Private Housing (Tenancies) (Scotland) Act 2016 - scrap fixed-term rentals, meaning leases will effectively be open-ended.  Rent increases can only be made once every 12 months, and tenants who believe them to be unfair can take them to a new tribunal which deals with disputes.  Leading Tayside solicitors and estate agents Miller Hendry have landlords and tenants as clients. Jeffrey Hope, property law expert with the firm, says it is “vital” for everyone involved in private renting to understand their new rights and responsibilities.  Anyone signing a tenancy from December 1, 2017, will be covered by the new rules, and all landlord and tenant disputes will be heard in a new specialist tribunal. Jeffrey Hope said: "These new rules have been described as the biggest change to the private rental sector for a generation, and it is vital that landlords in particular take early legal advice.  Posted 15/12/17 Read More Here    HTML Leading Tayside employment law specialist Alan Matthew urges locals to register tribunal fee refund claim    news2017-leadingtaysideemploym… Share this story : HTML      Employment tribunal fee refunds are now being processed paving the way for millions of pounds to be repaid to claimants. The opening phase – which saw around 1,000 people contacted individually – rolled out in October/ November with the full scheme now fully open In December.  The repayment scheme was introduced in response to a Supreme Court ruling which found that the UK Gov-ernment acted unlawfully and unconstitutionally when it introduced the charges of up to £1,200 in 2013 in a bid to reduce the number of malicious and weak cases.  Ministers will now have to refund up to £33m to claimants after trade union Unison argued successfully that fees prevented workers accessing justice.  The news has been warmly welcomed by Tayside employment law expert Alan Matthew who has publicly lobbied for a rethink on tribunal charges since 2013, strongly supporting the right of employees to access justice.   Posted 15/12/17 Read More Here    HTML Miller Hendry’s Angel Tree boost for Salvation Army in Perth, Dundee and Crieff    news2017-millerhendrysangeltre… Share this story : HTML      Miller Hendry has been encouraging staff at its branches in Dundee, Perth and Crieff to get involved in its festive charity campaign, which sees the collection of small gifts for underprivileged children, with donations being delivered to The Salvation Army today (Friday, December 15). The Miller Hendry Angel Tree takes pride of place in the reception areas of the three offices and is decorated with little angels. Each angel contains the catalogue details and price of a child’s Christmas gift costing between £3 and £10 from a high street store and staff have been asked to take an angel of their choice and donate the gift to help vulnerable families this Christmas through The Salvation Army.   2017 marks 152 years of The Salvation Army helping people facing difficulty from all walks of life across the United Kingdom. The work that they do to help local communities is completely reliant on donations and so campaigns, such as the Miller Hendry Angel Tree, are what enables them to help on average around 15,000 parent and toddlers a week and provide over three million nourishing meals throughout the year.  Posted 15/12/17 Read More Here    HTML Family Values – A Cautionary Tale    news2017-FamilyValuesACautiona… Share this story : HTML      We are often approached by clients who wish to make arrangements within the family regarding their property. A common example would be ageing parents wishing to put the title to their home in their childrens’ names, with the intention of making their estate easier for their children to deal with when they pass away, or perhaps attempting to avoid care home fees. These scenarios are not without their difficulties, in particular where the property to be transferred is the main residence and the parents will continue to reside there, albeit that the property is no longer in their names.   We advise such clients that they ought to document their intentions clearly when it comes to these types of family arrangements and build in any necessary safeguards. With loss of ownership comes loss of control and unforeseen scenarios can arise which can put the original arrangement in jeopardy in the absence of any formal legal agreement. It is important to ensure that a right to continue reside in the property is protected and that well-meaning intentions are not thwarted by other family members. This advice is often met with a degree of scepticism, perhaps understandably so, as most people would not wish to believe that such problems could arise within their family. Posted 14/12/17 Read More Here    HTML To Quit, or Not to Quit, That is the Question…    news2017-Toquitornottoquit Share this story : HTML      As commercial property lawyers, we inevitably find ourselves up against urgent timescales on a regular basis – such is the nature of the beast. Terminating leases of commercial premises in particular can often leave us in a race against the clock. Landlords and tenants alike often do not realise that leases of commercial premises do not automatically come to an end on the date of expiry stated in the lease. Regardless of the stated date of expiry, a commercial lease can only be validly terminated by one party giving sufficient notice to the other of their intention to terminate the lease on the expiry date. If notice is not given, the lease will generally be deemed to continue on a year to year basis, known in legal parlance as “tacit relocation”.   Posted 14/12/17 Read More Here    HTML Snow time like the present! 7 things Tayside employers need to know if your staff take the day off because it’s snowing    news2017-snowtimelikethepresen… Share this story : HTML      With bookies slashing the odds of a White Christmas this week, Scotland and the rest of the UK is braced for the coldest winter in five years. But while a generous sprinkling of the white stuff looks fabulous when you’re tucked up inside, it also brings with it a whole host of challenges for employers, not least its ability to bring your business to a standstill. But what happens when schools close, public transport grinds to a halt and your staff can't get into work?  Posted 22/11/17 Read More Here    HTML Rookie renters advice: What every student (and parent) should know before choosing university or college accommodation    Rookie renters advice: What every student (and parent) should know before choosing university or college accommodation Share this story : HTML      Students are arguably the most vulnerable demographic renting today. The majority are living away from home for the first time, and are often unaware of the pitfalls of renting accommodation. While parents can help guide the rookie tenants through the process, they may themselves not be aware of how things have changed since their uni days or first-time flat rental. All too often both parents and students get focused on the emotional upheaval or logistics, rather than the important details of checking out the property and making sure the landlord is a safe bet. Privately-owned student accommodation is likely to be an HMO - or house of multiple occupation – if it accommodates three or more students, which places extra obligations on the landlord.  Posted 20/10/17 Read More Here    HTML Tayside families urged to make a will after new report reveals that half of UK families have never discussed inheritance    Tayside families urged to make a will after new report reveals that half of UK families have never discussed inheritance Share this story : HTML      A leading Tayside solicitor is urging local families to discuss estate planning with their nearest and dearest. Speaking ahead of Will Aid month this November Leann Brown, a senior solicitor with Miller Hendry’s Dundee office, says it’s vital that families discuss estate planning, not just so that wishes are known, but also to allow time to plan any tax mitigation, and to ensure that matters are as straightforward as they possible in the event of someone losing capacity, or dying.  She continued: “Sometimes it takes a specific event to occur before people will consider discussing their finances and what happens when they die. We see lots of clients who have been prompted to perhaps put a Will or Power of Attorney in place because a family member has had a health scare, or someone known to them has died.”    Posted 20/10/17 Read More Here    HTML Linda Christie marks 30 years at Miller Hendry in Dundee    Linda Christie celebrates 30 years Share this story : HTML      Senior Executry Paralegal Linda Christie recently celebrated 30 years with leading Tayside solicitors and estate agents Miller Hendry. She was presented with gifts on behalf of the firm by Ernest Boath, Head of the Private Client Department, at a special ceremony attended by her colleagues.   Linda, who is based in the firm’s Dundee office, has many years’ experience in dealing with the administration of Executries, originally with Burns Veal and subsequently with Miller Hendry following the merger of the firms in 1998. She is a qualified Law Accountant in Scotland (SOLAS).   Posted 13/10/17 Read More Here    HTML Kirriemuir Thistle U19s kitted out in style thanks to Miller Hendry    Kirriemuir Thistle Share this story : HTML      Kirriemuir Thistle U19s kicked off the 2017/18 football season in style with some brand new kit supplied by Miller Hendry solicitors and estate agents. Ernie Boath, Partner and Head of Private Client Department, presented the strips to the delighted squad at a recent training night in Martin Park.  Mr Boath, who has a strong personal connection with the squad, explained: “Miller Hendry sponsored the team some years ago when my older son Calum played in the U9s and now my younger son Duncan is playing in the U19s.  “Supporting and encouraging young people in the area is very important to us and we are delighted to be able to highlight the commitment and passion of the players and volunteers at Kirriemuir Thistle JFC by supplying the U19s with their new club strips. I hope the new kit will bring them luck in their fixtures throughout the year.”   Posted 12/09/17 Read More Here    HTML Miller Hendry sponsors Dundee and Angus Chamber of Commerce AGM    John G Thom  Share this story : HTML      Leading Tayside legal and estate agency practice Miller Hendry is sponsoring Dundee and Angus Chamber of Commerce’s forthcoming AGM. The high-profile business event takes place on Thursday, August 31 in the Invercarse Hotel from 4-8pm.  Chairman John Thom said: “Miller Hendry is delighted to be sponsoring this important annual event. Not only does the AGM give members the opportunity to discuss the future direction of the Chamber, but it’s an exciting showcase for Tayside’s vibrant business community with dozens of exhibitors taking part.”    Posted 30/08/17 Read More Here    HTML Directors could face criminal charges and big fines as UK Government rolls out new rules to help SMEs get paid in time    Court Share this story : HTML      Company directors could face criminal charges under new rules designed by the UK Government to help small businesses get paid on time by larger corporates. The new criminal offence kicked in when the Reporting on Payment Practices and Performance Regulations 2017 came into effect on April 6, 2017.  Now, when a company fails to publish information about how long it takes to pay suppliers, both the business and each individual director will face criminal prosecution and unlimited fines.   Posted 21/08/17 Read More Here    HTML Make the most of new Inheritance Tax rules as soaring house values push IHT receipts to almost £5bn    Soaring house prices Share this story : HTML      Inheritance tax (IHT) paid by UK families has topped £5bn a year for the first time in history. People often assume that IHT only applies to the very rich, but a record number of middle-class families are affected as a result of soaring house prices and stamp duty discouraging elderly people from downsizing. According to the most up-to-date figures provided by HM Revenue & Customs (HMRC), the amount of money paid in Inheritance Tax (IHT) by UK families has risen by almost 70% over the last five years (2012-2017). The figures show that in 2011/12, HMRC collected £2.9bn and this increased to £4.8bn for the 2016/17 tax year. The statistics also show a sharp peak in IHT receipts at the beginning of this tax year, with an increase compared to the same period last year of 34%. Record numbers of estates, particularly in the south of England, are paying IHT as a result of increasing house prices and the freezing of the IHT nil-rate band at £325,000 since 2009.   Posted 14/08/17 Read More Here    HTML Scotland’s first ever disqualification order has major implications for private landlords in Tayside    Rogue Landlords Share this story : HTML      Rogue landlords can expect stiffer penalties after a landmark court ruling signalled a crackdown on lawbreakers. Mohammed Murtaza recently became the first private landlord to be disqualified by a Scottish court when he was convicted for operating as a landlord after his registration was refused.  Following his second conviction at Kirkcaldy Sheriff Court, the 47-year-old Fife landlord was banned from renting out homes anywhere in Scotland for 12 months. He was also fined £500.  Mr Murtaza was found guilty of breaching both the Antisocial Behaviour (Scotland) Act 2004, and the Housing (Scotland) Act 2006.  Sheriff Gilchrist said it was "a flagrant breach of legislation".  The landlord had previously been convicted at Kirkcaldy Sheriff Court in November 2014 for failing to comply with his private landlord duties under the Antisocial Behaviour etc (Scotland) Act 2004 and for being in breach of Gas Safety (Installation & Use) Regulations 1998.   Posted 11/08/17 Read More Here    HTML EU’s anti-money laundering reforms may have an impact on Tayside businesses says Miller Hendry’s Alistair Duncan    Money Laundering  Share this story : HTML      Businesses in Tayside may have to carry out rigorous checks to make it harder for terrorists and criminals to launder money through the UK’s financial system. The fourth EU Money Laundering Directive (4MLD), which came into force on June 26, strengthens the existing rules to make it much harder for law breakers to move funds, hide assets or avoid tax. It comes as discussions with the European Parliament and the Council on extra measures to further reinforce the Directive are already at an advanced stage. Introduced last year as part of the Small Business, Enterprise and Employment Act 2015, the regime requires unlisted UK companies and LLPs to identify “People with Significant Control” over them, and to record their details in a statutory register. Until now, any changes to the PSC register could be notified annually using the company’s annual CS01 confirmation statement, but in future there’s a new process to notify any change, with 14 days to update the firm’s PSC register and a further 14 days to send the information to Companies House.  Posted 11/08/17 Read More Here    HTML Pollock v Drogo Development Limited - Pipe down, you agreed to it?    Pipe down you agreed to it Share this story : HTML      It is common for neighbours to have rights over each others’ properties for services such as drainage pipes and other utilities. But what should you do if you think your neighbour has overstepped the mark and is intending to carry out works on your land over and above what they are entitled to do? That is the question in a recent court case which saw Drogo Developments install new drainage pipes on neighbouring land belonging to Pollock which fell outwith the area over which they had been granted rights for services. It has been accepted that Drogo have indeed carried out works which they had no right to do, but they argue that Pollock have lost their right to object by acquiescence i.e. by not objecting at the outset and allowing the works to take place. This point is currently under discussion and a decision has yet to be made. If you find yourself in a similar position to Pollock, we would recommend seeking the advice of your solicitor as soon as you become aware of matters and informing your neighbour of your objection in writing without delay. It remains to be seen whether Drogo will be successful in their argument in this particular matter, but sitting on your hands will not serve to strengthen your case even when you believe the other party to be the one in the wrong.  Posted 10/08/17 Read More Here    HTML Dunlea v Cashwell - What is “normal” anyway?    Dunlea v Cashwell - What is “normal” anyway? Share this story : HTML      We are often involved in dealings with land intended for redevelopment, but much of the time we are not approached by our clients until they have already spent considerable time and money on the process of obtaining planning consent. If you are considering buying land for development, or redeveloping land you already own, you might consider asking your solicitor to review the title to the land at the outset, to ensure that there is nothing in it which would adversely affect the intended development. Titles to land can often place restrictions on use of the land or the access thereto, which may be enforceable by third parties. Dunlea discovered that to their cost in a recent case, when it was decided that a right of access to their land for “normal” residential use did not extend to construction traffic despite the fact that this was in connection with the construction of a residential dwelling. It is therefore worth asking your solicitor to carry out a title check to avoid incurring costs on a project which may ultimately prove to be fruitless.   Posted 10/08/17 Read More Here    HTML St Andrews Forest Lodges Ltd v Grieve - Doing what it says on the tin?    St Andrews Forest Lodges Ltd v Grieve  Share this story : HTML      As property lawyers we are often approached by clients who wish to grant some sort of occupancy rights to their property in favour of a third party but which falls short of a full blown lease with all of the obligations and implications that entails. Creating an occupancy agreement – often labelled a “licence to occupy” – which falls short of being an actual lease is possible in certain limited circumstances. It is important to be aware, however, that it is not just a question of labelling. If a tin of carrots is mistakenly labelled “peas”, that does not change the contents of the tin. The same principle applies to leases and licences to occupy. If it looks like a lease and acts like a lease, then it is a lease regardless of what it says on the tin. Just as we might be disappointed to open our tin of “peas” and discover carrots, so too can property owners be left unhappy to discover that a deed which purports to be a licence to occupy is, when all is said and done, a lease. Property owners finding themselves in this situation can be subject to much more onerous obligations than they had anticipated.    Posted 10/08/17 Read More Here    HTML Supreme Court ruling that employment tribunal fees are unlawful is welcomed by leading Tayside employment expert    Tribunal fees are unlawful Share this story : HTML      A recent landmark Supreme Court ruling that employment tribunal fees are unlawful has been welcomed by a leading Tayside lawyer. Employment law expert Alan Matthew from Miller Hendry, which has branches in Dundee, Perth and Crieff, hailed the unanimous decision against the UK Government as “one of the most important in employment law in the modern era”. The UK Government will now have to refund up to £32m to claimants after trade union Unison argued successfully that fees introduced in 2013 prevented workers accessing justice. The Supreme Court ruled the government acted unlawfully and unconstitutionally when it introduced the charges of up to £1,200 in 2013 in a bid to reduce the number of malicious and weak cases.  Posted 02/08/17 Read More Here    HTML Leading legal and estate agency firm Miller Hendry sponsors Tug o’ War event at Crieff Highland Gathering for second year     Tug o’ War Share this story : HTML      Miller Hendry has been roped in as the official Tug o’ War sponsor at next month’s Crieff Highland Gathering which takes place in the town’s Market Park on Sunday, August 20, 2017. The leading legal and estate agency firm – which has a branch in the town’s Comrie Street - has enjoyed a close association with the Strathearn capital showpiece after generously supporting the popular event in 2016. John Thom, Miller Hendry’s Chairman, said: “Miller Hendry is delighted to continue our association with Crieff Highland Gathering by sponsoring the Tug o’ War competition for the second year in a row. It is a fantastic event and everyone in the firm is very much looking forward to what will be an exciting contest.  Posted 19/07/17 Read More Here    HTML Audrey Hepburn memorabilia wrangle highlights importance of making a concise Will says Tayside solicitor Caroline Fraser    importance of making a concise Will Share this story : HTML      Failing to draft a clear and concise Will can tear families apart and spark years of expensive legal wrangling, warns private client expert Caroline Fraser. Ms Fraser, a partner at Tayside legal firm Miller Hendry, was reacting to the news that the long-running feud between Audrey Hepburn’s two sons appears to be at an end. The Breakfast At Tiffany’s star left a £77 million fortune and a treasure trove of memorabilia which included items such as photos, iconic outfits, her personal wardrobe, classic posters, famous scripts, and awards. Although the collection was to be split 50/50 between Sean Ferrer and his half-brother Luca Dotta, her handwritten Will did not stipulate who should receive which items.  Posted 19/07/17 Read More Here    HTML Miller Hendry announces promotions in Perth and Dundee    Miller Hendry announces promotions in Perth and Dundee Share this story : HTML      Leading Tayside legal and estate agency firm Miller Hendry has made two promotions at its Perth and Dundee offices. Mhairi Cage has been promoted to Associate in the Private Client department after six years with the firm having started with the firm as a trainee in 2010. Based in Miller Hendry’s Perth office, she studied law at the University of Glasgow, graduating with 1st Class Honours, before completing the Diploma in Legal Practice at the University of Dundee in 2009.  Mhairi deals with Wills, Powers of Attorney, Executries, Guardianships, Inheritance Tax Planning, Trusts and Charities.   Meanwhile, Lyndsey Foggarty has been promoted to Associate in the Commercial department in Dundee after six years with the firm also having started with the firm as a trainee in 2010.   Posted 19/07/17 Read More Here    HTML Private parking fines ARE enforceable warns Tayside solicitor    Parking Fines Share this story : HTML      Tayside motorists who ignore fines from private parking firms, believing them to be unenforceable, do not have the law on their side. That’s the view of Aileen Scott, Associate Solicitor at Miller Hendry, who warned local drivers to be on their guard when parking on private land.  Her advice comes in the wake of two landmark cases which saw judges both north and south of the border rule that private parking fines are legally enforceable.   Posted 19/07/17 Read More Here    HTML Royal grief revelations help eradicate mental health stigma in the workplace    Mental Health Share this story : HTML      News that high street retail giant John Lewis has taken a £36m hit to profits to cover potential back payments to staff has thrown a spotlight on the pitfalls of breaching National Minimum Wage rules. And it looks likely that accurate calculations of the National Minimum Wage will continue to cause headaches for employers, with an employment tribunal acknowledging the complexity, saying there is no single key to unlocking every case. Recently, unintentional underpayments in staff pay packets have affected major retailers like John Lewis and Tesco, while others have been waiting for an employment tribunal decision on when sleeping night shift staff are eligible for the National Minimum Wage (NMW).  Posted 20/06/17 Read More Here    HTML John Lewis £36m back pay bill highlights pitfalls of breaching National Minimum Wage regulations    John Lewis Share this story : HTML      News that high street retail giant John Lewis has taken a £36m hit to profits to cover potential back payments to staff has thrown a spotlight on the pitfalls of breaching National Minimum Wage rules. And it looks likely that accurate calculations of the National Minimum Wage will continue to cause headaches for employers, with an employment tribunal acknowledging the complexity, saying there is no single key to unlocking every case. Recently, unintentional underpayments in staff pay packets have affected major retailers like John Lewis and Tesco, while others have been waiting for an employment tribunal decision on when sleeping night shift staff are eligible for the National Minimum Wage (NMW).  Posted 20/06/17 Read More Here    HTML When tweets become twibels … Tayside employers must face up to the social media challenge    Twitter Share this story : HTML      The recent Jack Monroe v Katie Hopkins libel action highlighted once again the legal minefield surrounding the use of social media. The English courts awarded food blogger Jack Monroe £24,000 damages, plus legal costs, after controversial columnist Katie Hopkins fired off two tweets suggesting Ms Monroe approved of defacing a war memorial. Although the law is different in Scotland, there are important lessons to be learned for businesses north of the border. Alan Matthew, partner at Tayside-based solicitors Miller Hendry, said: “Correctly used, social media can bring enormous business benefits – enhancing your brand, boosting your profile and even winning new customers. But irresponsible use can have far-reaching consequences, ruining careers and even lives.  Posted 10/05/17 Read More Here    HTML Tayside families could lose out after inheritance claims    Inheritance Disputes Share this story : HTML      Record numbers of inheritance disputes are going through the courts as modern family structures and rising house prices push more people to contest unfavourable outcomes. Two recent high profile English cases – which have implications in Scotland - have seen families losing out after legal action.  The English courts gave judgements in the cases of an estranged daughter who challenged her mother’s will after discovering she had been excluded, and two brothers who ran up fees totalling more than their entire inheritance by disputing a stepmother’s share of their father’s estate.   Posted 02/05/17 Read More Here    HTML Miller Hendry’s £4645 boost for Will Aid scheme    news2017-millerhendrysboostfor… Share this story : HTML      Tayside solicitors and estate agents Miller Hendry have raised £4645 for charity after taking part in the latest Will Aid campaign. Anthony McVeigh, from the Scottish Catholic International Aid Fund (SCIAF) ,visited the firm on Monday (April 24) to present partners and staff with a certificate to thank them for their support.  The big-hearted firm – which has offices in Dundee, Perth and Crieff – has taken part in Will Aid every year since 1996 and, in that time, has raised a whopping £79,503   Posted 25/04/17 Read More Here    HTML What does Europe’s workplace headscarf ban mean for employers in Tayside?    news2017-whatdoeseuropesworkpl… Share this story : HTML      A local employment law expert from solicitors Miller Hendry has claimed employers in Tayside CAN ban women from wearing Islamic head scarfs. Europe’s top court has ruled that it is not direct discrimination for companies and organisations to stop employees from wearing the hijab or any other religious and political symbols. But any ban must be based on internal company rules that require all employees to "dress neutrally", said the European Court of Justice (ECJ) in Luxembourg.  Posted 25/04/17 Read More Here    HTML Don’t miss out on new Inheritance Tax perk ahead of the new tax year, warns Miller Hendry legal expert    Wills Share this story : HTML      Individuals throughout Tayside could miss out on tax breaks if they fail to review their wills and investments ahead of major changes to Inheritance Tax (IHT) law early next month. That’s the warning from Ernest Boath, Head of Private Client at Miller Hendry Solicitors and Estate Agents, who advises: “As the end of the tax year approaches, it’s a good time to make sure you’re maximising your opportunities for inheritance tax reliefs.  Posted 29/03/17 Read More Here    HTML Residential tenancy shake-up under the microscope as top Tayside solicitor briefs Dundee Solicitors’ CPD group      JHope.jpg Share this story : HTML      A leading Tayside solicitor will brief legal professionals on major changes to the law surrounding residential tenancies this week. Jeffrey Hope, Managing Partner and property law expert at Miller Hendry Solicitors and Estate Agents, has been confirmed as guest speaker to Dundee Solicitors’ prestigious Continuing Professional Development (CPD) group on Wednesday, March 29, 2017. The Private Housing (Tenancies) (Scotland) Act 2016, which comes into force later this year, looks set to shake-up Scotland’s private rental sector by introducing new rules for landlords and tenants.  Posted 27/03/17 Read More Here    HTML Scotland's tenants and landlords braced for major shake-up    Scotland's tenants and landlords braced for major shake-up Share this story : HTML     Is the 80s’ dream of universal home ownership finally over? A perfect storm of soaring house prices, job insecurity and no access to a deposit means buying your own home is no longer an affordable option for a growing number of Scots.   Posted 23/03/17 Read More Here    HTML Tayside property owners warned of Scottish Land Register change as KIR goes live in Dundee postcodes    news2016-taysidepropertyowners… Share this story : HTML     A Scottish Government project to create a map-based, publicly-available Land Register by 2024 could have major financial implications for Tayside property owners. That’s the opinion of Alistair Duncan, a property law expert at Tayside Solicitors and Estate Agents, Miller Hendry, who has been weighing up the pros and cons, now that an integral part of the initiative has gone live in some Dundee and Angus postcodes (including Broughty Ferry and Monifieth). Posted 14/03/17 Read More Here    HTML Celebrity Deaths Highlight Inheritance Tax Woes    news2016-celebritydeathshighli… Share this story : HTML     The recent series of shocking celebrity deaths - including Harry Potter star Sir John Hurt in late January - are a timely reminder that everyone should make solid financial plans before they pass away. It has emerged that David Bowie left his $100m estate to his wife, Iman, and his two children. Carrie Fisher's $25million fortune will go to the Star Wars alumni's daughter Billie Lourde through a trust, while Wham legend George Michael's big sister Melanie will receive the bulk of his £105 million fortune. Posted 06/02/17 Read More Here    HTML Red light for roads’ bosses in tribunal case    Red Light for Roads' Bosses in Tribunal Case Share this story : HTML     The stark warning comes from Tayside solicitors’ firm Miller Hendry in the wake of a recent Employment Tribunal case in England, where an employer was found to have failed to facilitate breaks – even though the employee in question hadn’t asked for one! Posted 30/01/17 Read More Here    HTML Grandparents help cash-strapped millennials onto housing ladder    news2016-grandparentshelpcashs… Share this story : HTML     Cash-strapped millennials are getting a helping hand onto the property ladder thanks to their big-hearted grandparents. Members of the older generation are increasingly choosing to leave all or part of their estates to their grandchildren so they can afford to buy a home of their own. Posted 25/01/17 Read More Here    HTML Bosses braced for ‘thundersnow’ sicknotes as storms batter Tayside    Thundersnow Share this story : HTML     Tayside employers worried about the impact this week’s forecasted ‘thundersnow’ storms may have on their business are urged to check out an online guide published by solicitors firm Miller Hendry. Responding to an increase in enquiries about how small businesses should prepare for the winter season, employment law expert Alan Matthew has written the informative guidance document. Posted 12/01/17 Read More Here    HTML It’s the thought that counts: why firms need to be wary of being generous at Christmas    Christmas Gift Share this story : HTML     Local solicitors, Miller Hendry, have this week issued a timely warning to firms who are planning to splash out on some festive generosity to ensure they don’t fall foul of the Bribery Act. The Bribery Act ushered in a stricter anti-corruption regime when it came into force in 2011 and although Christmas gifts and hospitality are not banned, it’s important that companies don’t splash out too much as they may end up in deep water with over-generous Christmas gifts  Posted 13/12/16  Read more here    HTML Miller Hendry solicitor and family law expert Richard Frenz receives specialist accreditation    news2016-millerhendrysolicitor… Share this story : HTML     Richard Frenz, a lawyer with Tayside based solicitors and estate agents Miller Hendry, has been given one of The Law Society of Scotland’s highest accolades for being an expert in family law. Richard has been deemed an accredited specialist in the area of family law, one of just 500 accredited specialists in 28 specialisms across Scotland.  Posted 28/10/16   Read More Here    HTML Time for employers to change with the times when it comes to workplace dress codes, solicitors firm warns    news2016-timeforemployerstocha… Share this story : HTML     Workplace dress codes: they’re no longer about ties and skirt lengths, they extend to religious headgear, tattoos and more. And with such a complicated set of factors, it’s time employers took a good look at their rules and changed with the times, says Tayside solicitors firm Miller Hendry.  Posted 25/10/16   Read More Here    HTML Local solicitors’ firm walks the length of Britain – virtually    news2016-localsolicitorsfirmwa… Share this story : HTML     Teams from Miller Hendry’s offices in Crieff and Dundee walked more than 900 miles - the same distance as John O’Groats to Land’s End - as part of The ARCHIE Foundation’s Virtual Challenge, which ran throughout the month of September. Money raised through sponsorship will go towards the Foundation and its programme of funding children’s hospitals in Tayside, Aberdeen and Inverness.  Posted 04/10/16  Read more here    HTML 5 hidden signs of sex discrimination in the workplace    Gender Bias Share this story : HTML     Female workers could be suffering sex discrimination without even realising it, according to solicitors’ firm Miller Hendry. And with gender bias and women’s rights hitting the news headlines, the Tayside firm is advising both employees and bosses to be vigilant.  Posted 10/09/16  Read more here    HTML Local solicitors’ firm steps it up this September with virtual walk across Britain    Miller Hendry Crieff team Archie photo Share this story : HTML     Teams from Miller Hendry’s offices in Crieff and Dundee are taking part in a challenge to run or walk the same distance as John O’Groats to Land’s End as part of The ARCHIE Foundation’s Virtual Challenge, which runs throughout the month of September. Money raised through sponsorship will go towards the Foundation and its programme of funding children’s hospitals in Tayside, Aberdeen and Inverness.  Posted 07/09/16  Read more here    HTML Blog: Are your rights being limited by Pokémon Go’s terms and conditions?    pokemon2.jpg Share this story : HTML     With people walking into on-coming traffic, teenagers stranded out at sea in Somerset and Holocaust landmarks protesting being taken over by PokéStops, it seems like it is only a matter of time before legal action is taken against Pokémon Go’s creator Niantic. But best to read the fine print first, writes Rachel Irvine.  Posted:02/09/16  Read more here    HTML How to keep your cool in the office when temperatures soar    Temps.jpg Share this story : HTML     As the country gets ready for a last-minute bout of summer heat, employers should be taking a good look at temperatures inside the office, says Tayside based solicitors and estate agents Miller Hendry. Those heading to work as temperatures soar may well be asking themselves: How hot is too hot? And that applies to commutes to work, as well as the workplace.  Posted:26/08/16  Read more here    HTML In today’s sharing economy, do we share the same views on workers’ rights?    Workers Rights2.jpg Share this story : HTML     With the success of ride hailing app Uber – a pioneer of the new ‘sharing economy’ – comes a conundrum, according to Tayside solicitor and estate agent Miller Hendry: What happens when society doesn’t share the concept of workers’ rights?  Posted:24/08/16  Read more here    HTML Blog: When it comes to family wills, make sure they’re clear and up to date    blog2016-whenitcomestofamilywi… Share this story : HTML     They say family and money don’t mix, and a recent Court of Session decision in Edinburgh proves it, writes Caroline Fraser. The decision centred around a man’s claim that he was entitled to a share of his late mother-in-law’s estate because he had loaned her money to help buy her property.   Posted:19/08/16  Read more here    HTML Tougher new copyright law means extra protection for designers against rip-offs    Tougher_copyright_laws.JPG Share this story : HTML     A strict new copyright law will ensure extra protection for artists and designers from those attempting to rip off their designs, says Tayside solicitors and property agents Miller Hendry. The law, which extends design copyright from 25 to 70 years, is aimed at preventing people and businesses producing replicas and knock-offs of the work of artists and designers. Posted: 12/08/16 Read more here    HTML Blog: Pokémon Go may be a cultural sensation but it’s also a legal headscratcher    pokemon Share this story : HTML     The augmented reality game Pokémon Go may have taken over the public consciousness but it is creating serious questions around the issues of privacy and property, writes Rachel Irvine. The cultural sensation that is crashing servers, topping download charts, losing people off cliffs and generating plenty of news headlines is also directly affecting homeowners and dwellers, as well as business owners. Not only is there a privacy issue but there are question marks over the virtual space around a building and who, if anyone, owns it.   Posted: 04/08/16  Read more here    HTML UK firms face tough EU-wide data protection rules, despite Brexit    news2016-ukfirmsenteringtoughn… Share this story : HTML     British firms are facing tough EU-led rules on data protection, and that’s despite the Brexit vote, warns Tayside based solicitors and estate agents Miller Hendry. A major milestone in EU data protection law was marked when the General Data Protection Regulation (GDPR) was adopted just before the EU Referendum. The legislation, which was set to replace the UK’s 1998 Data Protection Act, marks a tough new era in EU-wide data protection. It includes new powers for data regulators and much stricter operating boundaries for businesses processing personally identifiable information about individuals Posted: 03/08/16 Read more here    HTML Miller Hendry associates promoted to partners    Donnie and Caroline.jpg Share this story : HTML     Two of Miller Hendry's associates have been promoted to partners as the Tayside based solicitors and estate agents strengthen their team. Caroline Fraser & Donnie Macleod. John Thom, Chairman of Miller Hendry, said: 'The promotions of Caroline and Donnie to partners are well deserved and we offer them our hearty congratulations. We very much look forward to working alongside them in their new roles as we continue to develop and strengthen the firm.'   Posted: 04/07/16 Read more here    HTML Lifting the lid on tricky toilet problems     Fotolia_113272513_Subscription_Monthly_M.jpg Share this story : HTML     A drop in public toilets and a rise in gender discrimination issues are causing a stink for businesses. When the public toilets in the small Perthshire town of Blairgowrie were threatened with closure, it wasn’t long before locals were up in arms. A public outcry, together with the support of local councillors and John Swinney MSP, resulted in an about-turn and a decision to keep the toilets in the centre of town open   Posted: 21/06/16 Read more here    HTML When a ban on Muslim dress may not be discrimination at all    Fotolia_91486993_Subscription_Monthly_M.jpg Share this story : HTML     Are there instances when employers can legally ban the wearing of Muslim headscarves in the workplace? Although on the face of it such a ban may seem wrong, and certainly controversial, the answer is that it can sometimes be allowed, says Tayside based solicitors and estate agents Miller Hendry.  Posted: 20/06/16  Read more here    HTML Solicitors’ firm turns wills into charity effort    Will Aid 2016 Share this story : HTML     Proving that where there’s a will there’s an opportunity for charity, Tayside based solicitors and estate agents Miller Hendry is celebrating a highly successful collaboration with the campaign Will Aid – one that ranks the firm among the top fundraisers in Scotland.  Posted: 12/05/16  Read more here    HTML When banking with mum and dad, beware of the pitfalls    Fotolia_69130622_Subscription_Monthly_M.jpg Share this story : HTML     Borrowing from the Bank of Mum and Dad is all very well but home buyers need to be aware of the pitfalls when they tap their relatives for cash, says Tayside based solicitors and estate agents Miller Hendry.  Posted: 04/05/16 Read more here    HTML The Panama Papers case has cyber security implications too    Panama case has impications Share this story : HTML     The so-called Panama Papers affair has implications beyond tax affairs, to cyber security in business, warns Tayside solicitors Miller Hendry. Businesses of all sizes should learn a lesson from the largest leak in history and treat their cyber security with the same stringency as their legal, regulatory, financial or operational functions, said Miller Hendry’s legal team.  Posted: 21/04/16  Read more here    HTML Religion in the workplace case should be a warning to employers    Religion in the workplace warning Share this story : HTML     A ruling last week surrounding a spat between a Christian and a Muslim in their workplace should serve as a warning to employers, according to Tayside solicitors and estate agents Miller Hendry. The case highlights the issue of different faiths in the workplace, and the inherent possibilities of discrimination claims, warned Miller Hendry’s employment law team.  Posted: 14/04/16  Read more here    HTML Shake-up in Scottish Income Tax rules, but business as usual for taxpayers    Fotolia_48569147_Subscription_Monthly_M.jpg Share this story : HTML     Scottish taxpayers will see a new tax code appearing on their payslips from this week as the Scottish Parliament sets income tax levels for the first time. But while the new Scottish Rate of Income Tax (SRIT) marks a major change politically, it shouldn’t be too taxing for the people paying it. Taxpayers north of the border can rest assured that their rates and methods of payment will remain the same, according to Tayside based solicitors and estate agents Miller Hendry.  Posted: 13/04/16 Read More Here    HTML New National Living Wage takes effect on April 1 for workers aged 25 and over    New National Living Wage Share this story : HTML     The compulsory National Living Wage takes effect on 1 April 2016, although companies could be forgiven for not noticing, says Tayside based solicitors and estate agents Miller Hendry. The National Living Wage (NLW) has been making headlines since Chancellor George Osborne announced it last summer, but the Government’s target of £9 per hour by 2020 has overshadowed the detail. That has left many businesses unaware of the transitional deadlines and new penalties now in place, according to Miller Hendry.   Posted: 01/04/16  Read More Here    HTML Broadband a new property must as homeowners’ needs change    Broadband a new property must Share this story : HTML     Access to the Internet has become a high priority for house hunters as leisure activities shift, according to a survey just out. A good, reliable broadband connection – one strong enough for streaming films and TV - ranks above a TV signal and having enough space for a flatscreen TV, says the survey of house hunter must-haves by gocompare.com.  Posted: 28/03/16  Read More Here    News and Blog Miller Hendry Previous News and Events HTML    2016 News and Events  Companies countdown to new transparency regulations  New property levy has left property owners in the dark  New Year, new rights for zero-hours employees  Easter Holidays Could Mean Contract Disputes for Employers  New Year, new rights for zero-hours employees  Easter Holidays Could Mean Contract Disputes for Employers  2015 News and Events  Christmas Caution on Sharing Personal Information  Avoiding The Worst Sort of Hangover From The Christmas Party  Employers and Employees Need to Work Together to Bridge the Gap  Angel Tree Donation Helps the Local Salvation Army  Cybercrime & Business  Countdown to New Consumer Laws  Landlords Must Act To Avoid Ending up in Hot Water Over Heating Supplies  Miller Hendry is in a Strong Voice for Horsecross Arts Parntership Deal  Holiday Sickness Ruling May Leave Employers Feeling Under the Weather Solicitors Raise Thousands in Memory of Colleagues  Over £12,000 Raised in Memory of Tayside Solicitors  Six Promotions at Miller Hendry  Holiday Claim Warning for Employers  Shared Parental Leave to Come Into Force Miller Hendry Top Fundraisers for Will Aid  Top Fundraisers for Will Aid in Scotland  Miller Hendry Keep It All In The Family  Weighty Advice for Employers  Colleague's Charity Remembered   Its Good to Talk  Lone Workers Warning  Budget Boosts Tayside Property Buyers Power       2014 News and Events  Solicitors Swap Suits for Sweaters  Tribunal Decision Shakes Up Personal Use of Email  Tayside Cycling Club Raise £1000 for Ninewells Ward  Verdict on Obese Employees Hangs in the Balance  Charitable Solicitors Firm Show Goodwill in November  Seasonal House Sellers Face Testing Questions  Loss of Much Loved Colleague Eileen Matthew  HMRC Six Year Rule in Question  Commission Decision Hits Holiday Pay Sum for Employers  Property Buyers Play it Safe with No-Nups  It's No Game: Local Businesses Warned Games are Not For Play  Will-Full Solicitors Firm Makes a Name for Itself as Fantastic Fundraisers  Employer's Duty of Care Extends to Mental Health  Silly Socks for Solicitors Firm Raises £300 for Charity 2013 & Earlier News and Events  Tribunals on Trail  Mandela's Legacy  Employers Warned to Prepare for Vounteering Surge  Not Paying Minimum Wage Could Cost You £20,000  Could Company Day Out Land You a Prison Sentence  Tribunal Fees Are Here to Stay (At Least for Now)  Demand for Divorce Information Surges as Festive Period Dawns  Miller Hendry Commended for Customer Service  Sky Pushed to its Limits With Microsoft's Cloudy Branding Stunt  Miller Hendry Shortlisted for Customer Service Award  Dunning Man Scoops Prize in Miller Hendry Competition  Dundee Properties Selling Like Hotcakes  Keeping it Professional: Who Owns Your Firm's Social Relationships  Miller Hendry Awarded LawNet Mark of Excellence  Caught in the (Public) Act?  Government's Gift Horse Turns Out to be a Trojan  Zero Hours Guidance for Local Firms  Zero Hours Contracts  Dundee Fares Well in Affordability Guide  Generous to a Fault  We're All Going On A Summer Holiday  Strawberry Tea a Sweet Charity Success  Dundee Lawyer Collects Award for Estate Planning  Mechanic Severs His Chance of Pointing Finger  Employee Shareholder Status  Verdant Works  Just Talking? Don't Bank on it  Summer Work Placement? Be Careful  Landlord Update: Tenant Information Pack  Is Home-working Working?  2012 And Earlier  Miller Hendry Tops Scotland's Will Aid Fundraising League  Dundee Lawyer STEPs Forward with Top Marks  Ageing is Not About Age, it's About People  HMRC to Recoup Unpaid Capital Gains Tax  Kit Sponsorship Keeps COG Velo on the Straight and Narrow  Whose Email is it Anyway?  HM Revenue & Customs Reveal and Increase in Inheritance Tax Receipts  Property is Key to Unlocking Quicker Separations  Landmark Ruling Opens Way to Change in Workplace Policies on Religion  Fees in Employment Tribunals  Tayside Employers to be Wary of European Human Rights Challenge  Last Chance for Your Will to Make a Difference  Closing Pandora's Box  Will Aid 2012: Make a Difference  Caroline Fraser: STEP Success  Sick Leave During Holidays  Update-Devolved Taxation in Scotland  Landlord Tax Evasion  OSCR - The Secondee's Perspective  Incentive for Charitable Legacies  Faulty Wills Lead To Big Inheritance Tax Bills  Charities and Community Amateur Sports Clubs (CASCs)  Will Aid       Business First For any legal requirements please feel free to contact us by phone or fill in this form. 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Christmas is a time when many parents and grand-parents choose to gift cash to younger relatives – to put towards a car or first home, for example.

But before you whip out the cheque book to spread some seasonal cheer, it’s wise to take the taxman into account and be aware of the rules.

That’s the advice from Ernest Boath, Head of Private Client at Miller Hendry Solicitors and Estate Agents, who advises: “While larger gifts may be taken into account, anyone can make smaller gifts or gifts out of surplus income without it being taken into account for inheritance tax purposes, as long as some simple rules are followed.”


Posted 20/12/17

Massive shake-up for private renters in Tayside

Jeffrey Hope

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Massive changes to the law came into force this month for Scotland’s 760,000 private renters.

The private residential tenancy rules – rolled out as part of the Private Housing (Tenancies) (Scotland) Act 2016 - scrap fixed-term rentals, meaning leases will effectively be open-ended. 

Rent increases can only be made once every 12 months, and tenants who believe them to be unfair can take them to a new tribunal which deals with disputes. 

Leading Tayside solicitors and estate agents Miller Hendry have landlords and tenants as clients. Jeffrey Hope, property law expert with the firm, says it is “vital” for everyone involved in private renting to understand their new rights and responsibilities. 

Anyone signing a tenancy from December 1, 2017, will be covered by the new rules, and all landlord and tenant disputes will be heard in a new specialist tribunal.

Jeffrey Hope said: "These new rules have been described as the biggest change to the private rental sector for a generation, and it is vital that landlords in particular take early legal advice.


Posted 15/12/17

Leading Tayside employment law specialist Alan Matthew urges locals to register tribunal fee refund claim

Alan Matthew

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Employment tribunal fee refunds are now being processed paving the way for millions of pounds to be repaid to claimants.

The opening phase – which saw around 1,000 people contacted individually – rolled out in October/ November with the full scheme now fully open In December. 

The repayment scheme was introduced in response to a Supreme Court ruling which found that the UK Gov-ernment acted unlawfully and unconstitutionally when it introduced the charges of up to £1,200 in 2013 in a bid to reduce the number of malicious and weak cases. 

Ministers will now have to refund up to £33m to claimants after trade union Unison argued successfully that fees prevented workers accessing justice. 

The news has been warmly welcomed by Tayside employment law expert Alan Matthew who has publicly lobbied for a rethink on tribunal charges since 2013, strongly supporting the right of employees to access justice. 


Posted 15/12/17

Miller Hendry’s Angel Tree boost for Salvation Army in Perth, Dundee and Crieff

Miller Hendry’s Angel Tree boost for Salvation Army in Perth, Dundee and Crieff

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Miller Hendry has been encouraging staff at its branches in Dundee, Perth and Crieff to get involved in its festive charity campaign, which sees the collection of small gifts for underprivileged children, with donations being delivered to The Salvation Army today (Friday, December 15).

The Miller Hendry Angel Tree takes pride of place in the reception areas of the three offices and is decorated with little angels. Each angel contains the catalogue details and price of a child’s Christmas gift costing between £3 and £10 from a high street store and staff have been asked to take an angel of their choice and donate the gift to help vulnerable families this Christmas through The Salvation Army.  

2017 marks 152 years of The Salvation Army helping people facing difficulty from all walks of life across the United Kingdom. The work that they do to help local communities is completely reliant on donations and so campaigns, such as the Miller Hendry Angel Tree, are what enables them to help on average around 15,000 parent and toddlers a week and provide over three million nourishing meals throughout the year. 

Posted 15/12/17

Family Values – A Cautionary Tale

Family Values – A Cautionary Tale

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We are often approached by clients who wish to make arrangements within the family regarding their property. A common example would be ageing parents wishing to put the title to their home in their childrens’ names, with the intention of making their estate easier for their children to deal with when they pass away, or perhaps attempting to avoid care home fees. These scenarios are not without their difficulties, in particular where the property to be transferred is the main residence and the parents will continue to reside there, albeit that the property is no longer in their names.  

We advise such clients that they ought to document their intentions clearly when it comes to these types of family arrangements and build in any necessary safeguards. With loss of ownership comes loss of control and unforeseen scenarios can arise which can put the original arrangement in jeopardy in the absence of any formal legal agreement. It is important to ensure that a right to continue reside in the property is protected and that well-meaning intentions are not thwarted by other family members. This advice is often met with a degree of scepticism, perhaps understandably so, as most people would not wish to believe that such problems could arise within their family.

Posted 14/12/17

To Quit, or Not to Quit, That is the Question…

To Quit, or Not to Quit, That is the Question…

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As commercial property lawyers, we inevitably find ourselves up against urgent timescales on a regular basis – such is the nature of the beast. Terminating leases of commercial premises in particular can often leave us in a race against the clock.

Landlords and tenants alike often do not realise that leases of commercial premises do not automatically come to an end on the date of expiry stated in the lease. Regardless of the stated date of expiry, a commercial lease can only be validly terminated by one party giving sufficient notice to the other of their intention to terminate the lease on the expiry date. If notice is not given, the lease will generally be deemed to continue on a year to year basis, known in legal parlance as “tacit relocation”.  

Posted 14/12/17

Snow time like the present! 7 things Tayside employers need to know if your staff take the day off because it’s snowing

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With bookies slashing the odds of a White Christmas this week, Scotland and the rest of the UK is braced for the coldest winter in five years.

But while a generous sprinkling of the white stuff looks fabulous when you’re tucked up inside, it also brings with it a whole host of challenges for employers, not least its ability to bring your business to a standstill.

But what happens when schools close, public transport grinds to a halt and your staff can't get into work?


Posted 22/11/17

Rookie renters advice: What every student (and parent) should know before choosing university or college accommodation

Rookie renters advice: What every student (and parent) should know before choosing university or college accommodation

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Students are arguably the most vulnerable demographic renting today.

The majority are living away from home for the first time, and are often unaware of the pitfalls of renting accommodation.

While parents can help guide the rookie tenants through the process, they may themselves not be aware of how things have changed since their uni days or first-time flat rental.

All too often both parents and students get focused on the emotional upheaval or logistics, rather than the important details of checking out the property and making sure the landlord is a safe bet.

Privately-owned student accommodation is likely to be an HMO - or house of multiple occupation – if it accommodates three or more students, which places extra obligations on the landlord.


Posted 20/10/17

Tayside families urged to make a will after new report reveals that half of UK families have never discussed inheritance

Tayside families urged to make a will after new report reveals that half of UK families have never discussed inheritance

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A leading Tayside solicitor is urging local families to discuss estate planning with their nearest and dearest.

Speaking ahead of Will Aid month this November Leann Brown, a senior solicitor with Miller Hendry’s Dundee office, says it’s vital that families discuss estate planning, not just so that wishes are known, but also to allow time to plan any tax mitigation, and to ensure that matters are as straightforward as they possible in the event of someone losing capacity, or dying. 

She continued: “Sometimes it takes a specific event to occur before people will consider discussing their finances and what happens when they die. We see lots of clients who have been prompted to perhaps put a Will or Power of Attorney in place because a family member has had a health scare, or someone known to them has died.” 



Posted 20/10/17

Linda Christie marks 30 years at Miller Hendry in Dundee

Linda Christie celebrates 30 years

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Senior Executry Paralegal Linda Christie recently celebrated 30 years with leading Tayside solicitors and estate agents Miller Hendry.

She was presented with gifts on behalf of the firm by Ernest Boath, Head of the Private Client Department, at a special ceremony attended by her colleagues.  

Linda, who is based in the firm’s Dundee office, has many years’ experience in dealing with the administration of Executries, originally with Burns Veal and subsequently with Miller Hendry following the merger of the firms in 1998. She is a qualified Law Accountant in Scotland (SOLAS). 


Posted 13/10/17

Kirriemuir Thistle U19s kitted out in style thanks to Miller Hendry

Kirriemuir Thistle

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Kirriemuir Thistle U19s kicked off the 2017/18 football season in style with some brand new kit supplied by Miller Hendry solicitors and estate agents.

Ernie Boath, Partner and Head of Private Client Department, presented the strips to the delighted squad at a recent training night in Martin Park. 

Mr Boath, who has a strong personal connection with the squad, explained: “Miller Hendry sponsored the team some years ago when my older son Calum played in the U9s and now my younger son Duncan is playing in the U19s. 

“Supporting and encouraging young people in the area is very important to us and we are delighted to be able to highlight the commitment and passion of the players and volunteers at Kirriemuir Thistle JFC by supplying the U19s with their new club strips. I hope the new kit will bring them luck in their fixtures throughout the year.” 


Posted 12/09/17

Miller Hendry sponsors Dundee and Angus Chamber of Commerce AGM

John  G Thom

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Leading Tayside legal and estate agency practice Miller Hendry is sponsoring Dundee and Angus Chamber of Commerce’s forthcoming AGM.

The high-profile business event takes place on Thursday, August 31 in the Invercarse Hotel from 4-8pm. 

Chairman John Thom said: “Miller Hendry is delighted to be sponsoring this important annual event. Not only does the AGM give members the opportunity to discuss the future direction of the Chamber, but it’s an exciting showcase for Tayside’s vibrant business community with dozens of exhibitors taking part.” 



Posted 30/08/17

Directors could face criminal charges and big fines as UK Government rolls out new rules to help SMEs get paid in time

Court

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Company directors could face criminal charges under new rules designed by the UK Government to help small businesses get paid on time by larger corporates.

The new criminal offence kicked in when the Reporting on Payment Practices and Performance Regulations 2017 came into effect on April 6, 2017. 

Now, when a company fails to publish information about how long it takes to pay suppliers, both the business and each individual director will face criminal prosecution and unlimited fines.



Posted 21/08/17

Make the most of new Inheritance Tax rules as soaring house values push IHT receipts to almost £5bn

Soaring house prices

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Inheritance tax (IHT) paid by UK families has topped £5bn a year for the first time in history.

People often assume that IHT only applies to the very rich, but a record number of middle-class families are affected as a result of soaring house prices and stamp duty discouraging elderly people from downsizing.

According to the most up-to-date figures provided by HM Revenue & Customs (HMRC), the amount of money paid in Inheritance Tax (IHT) by UK families has risen by almost 70% over the last five years (2012-2017).

The figures show that in 2011/12, HMRC collected £2.9bn and this increased to £4.8bn for the 2016/17 tax year. The statistics also show a sharp peak in IHT receipts at the beginning of this tax year, with an increase compared to the same period last year of 34%.

Record numbers of estates, particularly in the south of England, are paying IHT as a result of increasing house prices and the freezing of the IHT nil-rate band at £325,000 since 2009.



Posted 14/08/17

Scotland’s first ever disqualification order has major implications for private landlords in Tayside

Rogue Landlords

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Rogue landlords can expect stiffer penalties after a landmark court ruling signalled a crackdown on lawbreakers.

Mohammed Murtaza recently became the first private landlord to be disqualified by a Scottish court when he was convicted for operating as a landlord after his registration was refused. 

Following his second conviction at Kirkcaldy Sheriff Court, the 47-year-old Fife landlord was banned from renting out homes anywhere in Scotland for 12 months. He was also fined £500. 

Mr Murtaza was found guilty of breaching both the Antisocial Behaviour (Scotland) Act 2004, and the Housing (Scotland) Act 2006. 

Sheriff Gilchrist said it was "a flagrant breach of legislation". 

The landlord had previously been convicted at Kirkcaldy Sheriff Court in November 2014 for failing to comply with his private landlord duties under the Antisocial Behaviour etc (Scotland) Act 2004 and for being in breach of Gas Safety (Installation & Use) Regulations 1998. 


Posted 11/08/17

EU’s anti-money laundering reforms may have an impact on Tayside businesses says Miller Hendry’s Alistair Duncan

Money Laundering

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Businesses in Tayside may have to carry out rigorous checks to make it harder for terrorists and criminals to launder money through the UK’s financial system.

The fourth EU Money Laundering Directive (4MLD), which came into force on June 26, strengthens the existing rules to make it much harder for law breakers to move funds, hide assets or avoid tax.

It comes as discussions with the European Parliament and the Council on extra measures to further reinforce the Directive are already at an advanced stage.

Introduced last year as part of the Small Business, Enterprise and Employment Act 2015, the regime requires unlisted UK companies and LLPs to identify “People with Significant Control” over them, and to record their details in a statutory register. Until now, any changes to the PSC register could be notified annually using the company’s annual CS01 confirmation statement, but in future there’s a new process to notify any change, with 14 days to update the firm’s PSC register and a further 14 days to send the information to Companies House.


Posted 11/08/17

Pollock v Drogo Development Limited - Pipe down, you agreed to it?

Pipe down you agreed to it

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It is common for neighbours to have rights over each others’ properties for services such as drainage pipes and other utilities. But what should you do if you think your neighbour has overstepped the mark and is intending to carry out works on your land over and above what they are entitled to do? That is the question in a recent court case which saw Drogo Developments install new drainage pipes on neighbouring land belonging to Pollock which fell outwith the area over which they had been granted rights for services. It has been accepted that Drogo have indeed carried out works which they had no right to do, but they argue that Pollock have lost their right to object by acquiescence i.e. by not objecting at the outset and allowing the works to take place. This point is currently under discussion and a decision has yet to be made. If you find yourself in a similar position to Pollock, we would recommend seeking the advice of your solicitor as soon as you become aware of matters and informing your neighbour of your objection in writing without delay. It remains to be seen whether Drogo will be successful in their argument in this particular matter, but sitting on your hands will not serve to strengthen your case even when you believe the other party to be the one in the wrong. 

Posted 10/08/17

Dunlea v Cashwell - What is “normal” anyway?

Dunlea v Cashwell - What is “normal” anyway?

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We are often involved in dealings with land intended for redevelopment, but much of the time we are not approached by our clients until they have already spent considerable time and money on the process of obtaining planning consent. If you are considering buying land for development, or redeveloping land you already own, you might consider asking your solicitor to review the title to the land at the outset, to ensure that there is nothing in it which would adversely affect the intended development. Titles to land can often place restrictions on use of the land or the access thereto, which may be enforceable by third parties. Dunlea discovered that to their cost in a recent case, when it was decided that a right of access to their land for “normal” residential use did not extend to construction traffic despite the fact that this was in connection with the construction of a residential dwelling. It is therefore worth asking your solicitor to carry out a title check to avoid incurring costs on a project which may ultimately prove to be fruitless. 


Posted 10/08/17

St Andrews Forest Lodges Ltd v Grieve - Doing what it says on the tin?

St Andrews Forest Lodges Ltd v Grieve

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As property lawyers we are often approached by clients who wish to grant some sort of occupancy rights to their property in favour of a third party but which falls short of a full blown lease with all of the obligations and implications that entails. Creating an occupancy agreement – often labelled a “licence to occupy” – which falls short of being an actual lease is possible in certain limited circumstances. It is important to be aware, however, that it is not just a question of labelling. If a tin of carrots is mistakenly labelled “peas”, that does not change the contents of the tin. The same principle applies to leases and licences to occupy. If it looks like a lease and acts like a lease, then it is a lease regardless of what it says on the tin. Just as we might be disappointed to open our tin of “peas” and discover carrots, so too can property owners be left unhappy to discover that a deed which purports to be a licence to occupy is, when all is said and done, a lease. Property owners finding themselves in this situation can be subject to much more onerous obligations than they had anticipated.  


Posted 10/08/17

Supreme Court ruling that employment tribunal fees are unlawful is welcomed by leading Tayside employment expert

Tribunal fees are unlawful

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A recent landmark Supreme Court ruling that employment tribunal fees are unlawful has been welcomed by a leading Tayside lawyer.

Employment law expert Alan Matthew from Miller Hendry, which has branches in Dundee, Perth and Crieff, hailed the unanimous decision against the UK Government as “one of the most important in employment law in the modern era”.

The UK Government will now have to refund up to £32m to claimants after trade union Unison argued successfully that fees introduced in 2013 prevented workers accessing justice.

The Supreme Court ruled the government acted unlawfully and unconstitutionally when it introduced the charges of up to £1,200 in 2013 in a bid to reduce the number of malicious and weak cases.


Posted 02/08/17

Leading legal and estate agency firm Miller Hendry sponsors Tug o’ War event at Crieff Highland Gathering for second year

 Tug o’ War

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Miller Hendry has been roped in as the official Tug o’ War sponsor at next month’s Crieff Highland Gathering which takes place in the town’s Market Park on Sunday, August 20, 2017.

The leading legal and estate agency firm – which has a branch in the town’s Comrie Street - has enjoyed a close association with the Strathearn capital showpiece after generously supporting the popular event in 2016.

John Thom, Miller Hendry’s Chairman, said: “Miller Hendry is delighted to continue our association with Crieff Highland Gathering by sponsoring the Tug o’ War competition for the second year in a row. It is a fantastic event and everyone in the firm is very much looking forward to what will be an exciting contest.


Posted 19/07/17

Audrey Hepburn memorabilia wrangle highlights importance of making a concise Will says Tayside solicitor Caroline Fraser

importance of making a concise Will

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Failing to draft a clear and concise Will can tear families apart and spark years of expensive legal wrangling, warns private client expert Caroline Fraser.

Ms Fraser, a partner at Tayside legal firm Miller Hendry, was reacting to the news that the long-running feud between Audrey Hepburn’s two sons appears to be at an end.

The Breakfast At Tiffany’s star left a £77 million fortune and a treasure trove of memorabilia which included items such as photos, iconic outfits, her personal wardrobe, classic posters, famous scripts, and awards. Although the collection was to be split 50/50 between Sean Ferrer and his half-brother Luca Dotta, her handwritten Will did not stipulate who should receive which items.


Posted 19/07/17

Miller Hendry announces promotions in Perth and Dundee

Miller Hendry announces promotions in Perth and Dundee

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Leading Tayside legal and estate agency firm Miller Hendry has made two promotions at its Perth and Dundee offices.

Mhairi Cage has been promoted to Associate in the Private Client department after six years with the firm having started with the firm as a trainee in 2010. Based in Miller Hendry’s Perth office, she studied law at the University of Glasgow, graduating with 1st Class Honours, before completing the Diploma in Legal Practice at the University of Dundee in 2009. 

Mhairi deals with Wills, Powers of Attorney, Executries, Guardianships, Inheritance Tax Planning, Trusts and Charities.  

Meanwhile, Lyndsey Foggarty has been promoted to Associate in the Commercial department in Dundee after six years with the firm also having started with the firm as a trainee in 2010. 


Posted 19/07/17

Private parking fines ARE enforceable warns Tayside solicitor

Parking Fines

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Tayside motorists who ignore fines from private parking firms, believing them to be unenforceable, do not have the law on their side.

That’s the view of Aileen Scott, Associate Solicitor at Miller Hendry, who warned local drivers to be on their guard when parking on private land. 

Her advice comes in the wake of two landmark cases which saw judges both north and south of the border rule that private parking fines are legally enforceable. 


Posted 19/07/17

Royal grief revelations help eradicate mental health stigma in the workplace

Mental Health

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News that high street retail giant John Lewis has taken a £36m hit to profits to cover potential back payments to staff has thrown a spotlight on the pitfalls of breaching National Minimum Wage rules.

And it looks likely that accurate calculations of the National Minimum Wage will continue to cause headaches for employers, with an employment tribunal acknowledging the complexity, saying there is no single key to unlocking every case.

Recently, unintentional underpayments in staff pay packets have affected major retailers like John Lewis and Tesco, while others have been waiting for an employment tribunal decision on when sleeping night shift staff are eligible for the National Minimum Wage (NMW).


Posted 20/06/17

John Lewis £36m back pay bill highlights pitfalls of breaching National Minimum Wage regulations

John Lewis

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News that high street retail giant John Lewis has taken a £36m hit to profits to cover potential back payments to staff has thrown a spotlight on the pitfalls of breaching National Minimum Wage rules.

And it looks likely that accurate calculations of the National Minimum Wage will continue to cause headaches for employers, with an employment tribunal acknowledging the complexity, saying there is no single key to unlocking every case.

Recently, unintentional underpayments in staff pay packets have affected major retailers like John Lewis and Tesco, while others have been waiting for an employment tribunal decision on when sleeping night shift staff are eligible for the National Minimum Wage (NMW).


Posted 20/06/17

When tweets become twibels … Tayside employers must face up to the social media challenge

Twitter

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The recent Jack Monroe v Katie Hopkins libel action highlighted once again the legal minefield surrounding the use of social media.

The English courts awarded food blogger Jack Monroe £24,000 damages, plus legal costs, after controversial columnist Katie Hopkins fired off two tweets suggesting Ms Monroe approved of defacing a war memorial.

Although the law is different in Scotland, there are important lessons to be learned for businesses north of the border.

Alan Matthew, partner at Tayside-based solicitors Miller Hendry, said: “Correctly used, social media can bring enormous business benefits – enhancing your brand, boosting your profile and even winning new customers. But irresponsible use can have far-reaching consequences, ruining careers and even lives.


Posted 10/05/17

Tayside families could lose out after inheritance claims

Inheritance Disputes

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Record numbers of inheritance disputes are going through the courts as modern family structures and rising house prices push more people to contest unfavourable outcomes.

Two recent high profile English cases – which have implications in Scotland - have seen families losing out after legal action. 

The English courts gave judgements in the cases of an estranged daughter who challenged her mother’s will after discovering she had been excluded, and two brothers who ran up fees totalling more than their entire inheritance by disputing a stepmother’s share of their father’s estate. 


Posted 02/05/17

Miller Hendry’s £4645 boost for Will Aid scheme

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Tayside solicitors and estate agents Miller Hendry have raised £4645 for charity after taking part in the latest Will Aid campaign.

Anthony McVeigh, from the Scottish Catholic International Aid Fund (SCIAF) ,visited the firm on Monday (April 24) to present partners and staff with a certificate to thank them for their support. 

The big-hearted firm – which has offices in Dundee, Perth and Crieff – has taken part in Will Aid every year since 1996 and, in that time, has raised a whopping £79,503 


Posted 25/04/17

What does Europe’s workplace headscarf ban mean for employers in Tayside?

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A local employment law expert from solicitors Miller Hendry has claimed employers in Tayside CAN ban women from wearing Islamic head scarfs.

Europe’s top court has ruled that it is not direct discrimination for companies and organisations to stop employees from wearing the hijab or any other religious and political symbols.

But any ban must be based on internal company rules that require all employees to "dress neutrally", said the European Court of Justice (ECJ) in Luxembourg.


Posted 25/04/17

Don’t miss out on new Inheritance Tax perk ahead of the new tax year, warns Miller Hendry legal expert

Wills

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Individuals throughout Tayside could miss out on tax breaks if they fail to review their wills and investments ahead of major changes to Inheritance Tax (IHT) law early next month.

That’s the warning from Ernest Boath, Head of Private Client at Miller Hendry Solicitors and Estate Agents, who advises: “As the end of the tax year approaches, it’s a good time to make sure you’re maximising your opportunities for inheritance tax reliefs.


Posted 29/03/17

Residential tenancy shake-up under the microscope as top Tayside solicitor briefs Dundee Solicitors’ CPD group  

JHope.jpg

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A leading Tayside solicitor will brief legal professionals on major changes to the law surrounding residential tenancies this week.

Jeffrey Hope, Managing Partner and property law expert at Miller Hendry Solicitors and Estate Agents, has been confirmed as guest speaker to Dundee Solicitors’ prestigious Continuing Professional Development (CPD) group on Wednesday, March 29, 2017.

The Private Housing (Tenancies) (Scotland) Act 2016, which comes into force later this year, looks set to shake-up Scotland’s private rental sector by introducing new rules for landlords and tenants.


Posted 27/03/17

Scotland's tenants and landlords braced for major shake-up

Scotland's tenants and landlords braced for major shake-up

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Is the 80s’ dream of universal home ownership finally over?

A perfect storm of soaring house prices, job insecurity and no access to a deposit means buying your own home is no longer an affordable option for a growing number of Scots. 


Posted 23/03/17

Tayside property owners warned of Scottish Land Register change as KIR goes live in Dundee postcodes

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A Scottish Government project to create a map-based, publicly-available Land Register by 2024 could have major financial implications for Tayside property owners.

That’s the opinion of Alistair Duncan, a property law expert at Tayside Solicitors and Estate Agents, Miller Hendry, who has been weighing up the pros and cons, now that an integral part of the initiative has gone live in some Dundee and Angus postcodes (including Broughty Ferry and Monifieth).

Posted 14/03/17

Celebrity Deaths Highlight Inheritance Tax Woes

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The recent series of shocking celebrity deaths - including Harry Potter star Sir John Hurt in late January - are a timely reminder that everyone should make solid financial plans before they pass away.

It has emerged that David Bowie left his $100m estate to his wife, Iman, and his two children. Carrie Fisher's $25million fortune will go to the Star Wars alumni's daughter Billie Lourde through a trust, while Wham legend George Michael's big sister Melanie will receive the bulk of his £105 million fortune.

Posted 06/02/17

Red light for roads’ bosses in tribunal case

Red Light for Roads' Bosses in Tribunal Case

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The stark warning comes from Tayside solicitors’ firm Miller Hendry in the wake of a recent Employment Tribunal case in England, where an employer was found to have failed to facilitate breaks – even though the employee in question hadn’t asked for one!

Posted 30/01/17

Grandparents help cash-strapped millennials onto housing ladder

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Cash-strapped millennials are getting a helping hand onto the property ladder thanks to their big-hearted grandparents.

Members of the older generation are increasingly choosing to leave all or part of their estates to their grandchildren so they can afford to buy a home of their own.

Posted 25/01/17

Bosses braced for ‘thundersnow’ sicknotes as storms batter Tayside

Thundersnow

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Tayside employers worried about the impact this week’s forecasted ‘thundersnow’ storms may have on their business are urged to check out an online guide published by solicitors firm Miller Hendry.

Responding to an increase in enquiries about how small businesses should prepare for the winter season, employment law expert Alan Matthew has written the informative guidance document.

Posted 12/01/17

It’s the thought that counts: why firms need to be wary of being generous at Christmas

Christmas Gift

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Local solicitors, Miller Hendry, have this week issued a timely warning to firms who are planning to splash out on some festive generosity to ensure they don’t fall foul of the Bribery Act.

The Bribery Act ushered in a stricter anti-corruption regime when it came into force in 2011 and although Christmas gifts and hospitality are not banned, it’s important that companies don’t splash out too much as they may end up in deep water with over-generous Christmas gifts

Posted 13/12/16

Read more here

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Christmas is a time when many parents and grand-parents choose to gift cash to younger relatives – to put towards a car or first home, for example.

But before you whip out the cheque book to spread some seasonal cheer, it’s wise to take the taxman into account and be aware of the rules.

That’s the advice from Ernest Boath, Head of Private Client at Miller Hendry Solicitors and Estate Agents, who advises: “While larger gifts may be taken into account, anyone can make smaller gifts or gifts out of surplus income without it being taken into account for inheritance tax purposes, as long as some simple rules are followed.”


Posted 20/12/17

Massive shake-up for private renters in Tayside

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Massive changes to the law came into force this month for Scotland’s 760,000 private renters.

The private residential tenancy rules – rolled out as part of the Private Housing (Tenancies) (Scotland) Act 2016 - scrap fixed-term rentals, meaning leases will effectively be open-ended. 

Rent increases can only be made once every 12 months, and tenants who believe them to be unfair can take them to a new tribunal which deals with disputes. 

Leading Tayside solicitors and estate agents Miller Hendry have landlords and tenants as clients. Jeffrey Hope, property law expert with the firm, says it is “vital” for everyone involved in private renting to understand their new rights and responsibilities. 

Anyone signing a tenancy from December 1, 2017, will be covered by the new rules, and all landlord and tenant disputes will be heard in a new specialist tribunal.

Jeffrey Hope said: "These new rules have been described as the biggest change to the private rental sector for a generation, and it is vital that landlords in particular take early legal advice.


Posted 15/12/17

Leading Tayside employment law specialist Alan Matthew urges locals to register tribunal fee refund claim

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Employment tribunal fee refunds are now being processed paving the way for millions of pounds to be repaid to claimants.

The opening phase – which saw around 1,000 people contacted individually – rolled out in October/ November with the full scheme now fully open In December. 

The repayment scheme was introduced in response to a Supreme Court ruling which found that the UK Gov-ernment acted unlawfully and unconstitutionally when it introduced the charges of up to £1,200 in 2013 in a bid to reduce the number of malicious and weak cases. 

Ministers will now have to refund up to £33m to claimants after trade union Unison argued successfully that fees prevented workers accessing justice. 

The news has been warmly welcomed by Tayside employment law expert Alan Matthew who has publicly lobbied for a rethink on tribunal charges since 2013, strongly supporting the right of employees to access justice. 


Posted 15/12/17

Miller Hendry’s Angel Tree boost for Salvation Army in Perth, Dundee and Crieff

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Miller Hendry has been encouraging staff at its branches in Dundee, Perth and Crieff to get involved in its festive charity campaign, which sees the collection of small gifts for underprivileged children, with donations being delivered to The Salvation Army today (Friday, December 15).

The Miller Hendry Angel Tree takes pride of place in the reception areas of the three offices and is decorated with little angels. Each angel contains the catalogue details and price of a child’s Christmas gift costing between £3 and £10 from a high street store and staff have been asked to take an angel of their choice and donate the gift to help vulnerable families this Christmas through The Salvation Army.  

2017 marks 152 years of The Salvation Army helping people facing difficulty from all walks of life across the United Kingdom. The work that they do to help local communities is completely reliant on donations and so campaigns, such as the Miller Hendry Angel Tree, are what enables them to help on average around 15,000 parent and toddlers a week and provide over three million nourishing meals throughout the year. 

Posted 15/12/17

Family Values – A Cautionary Tale

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We are often approached by clients who wish to make arrangements within the family regarding their property. A common example would be ageing parents wishing to put the title to their home in their childrens’ names, with the intention of making their estate easier for their children to deal with when they pass away, or perhaps attempting to avoid care home fees. These scenarios are not without their difficulties, in particular where the property to be transferred is the main residence and the parents will continue to reside there, albeit that the property is no longer in their names.  

We advise such clients that they ought to document their intentions clearly when it comes to these types of family arrangements and build in any necessary safeguards. With loss of ownership comes loss of control and unforeseen scenarios can arise which can put the original arrangement in jeopardy in the absence of any formal legal agreement. It is important to ensure that a right to continue reside in the property is protected and that well-meaning intentions are not thwarted by other family members. This advice is often met with a degree of scepticism, perhaps understandably so, as most people would not wish to believe that such problems could arise within their family.

Posted 14/12/17

To Quit, or Not to Quit, That is the Question…

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As commercial property lawyers, we inevitably find ourselves up against urgent timescales on a regular basis – such is the nature of the beast. Terminating leases of commercial premises in particular can often leave us in a race against the clock.

Landlords and tenants alike often do not realise that leases of commercial premises do not automatically come to an end on the date of expiry stated in the lease. Regardless of the stated date of expiry, a commercial lease can only be validly terminated by one party giving sufficient notice to the other of their intention to terminate the lease on the expiry date. If notice is not given, the lease will generally be deemed to continue on a year to year basis, known in legal parlance as “tacit relocation”.  

Posted 14/12/17

Snow time like the present! 7 things Tayside employers need to know if your staff take the day off because it’s snowing

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With bookies slashing the odds of a White Christmas this week, Scotland and the rest of the UK is braced for the coldest winter in five years.

But while a generous sprinkling of the white stuff looks fabulous when you’re tucked up inside, it also brings with it a whole host of challenges for employers, not least its ability to bring your business to a standstill.

But what happens when schools close, public transport grinds to a halt and your staff can't get into work?


Posted 22/11/17

Rookie renters advice: What every student (and parent) should know before choosing university or college accommodation

Rookie renters advice: What every student (and parent) should know before choosing university or college accommodation

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Students are arguably the most vulnerable demographic renting today.

The majority are living away from home for the first time, and are often unaware of the pitfalls of renting accommodation.

While parents can help guide the rookie tenants through the process, they may themselves not be aware of how things have changed since their uni days or first-time flat rental.

All too often both parents and students get focused on the emotional upheaval or logistics, rather than the important details of checking out the property and making sure the landlord is a safe bet.

Privately-owned student accommodation is likely to be an HMO - or house of multiple occupation – if it accommodates three or more students, which places extra obligations on the landlord.


Posted 20/10/17

Tayside families urged to make a will after new report reveals that half of UK families have never discussed inheritance

Tayside families urged to make a will after new report reveals that half of UK families have never discussed inheritance

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A leading Tayside solicitor is urging local families to discuss estate planning with their nearest and dearest.

Speaking ahead of Will Aid month this November Leann Brown, a senior solicitor with Miller Hendry’s Dundee office, says it’s vital that families discuss estate planning, not just so that wishes are known, but also to allow time to plan any tax mitigation, and to ensure that matters are as straightforward as they possible in the event of someone losing capacity, or dying. 

She continued: “Sometimes it takes a specific event to occur before people will consider discussing their finances and what happens when they die. We see lots of clients who have been prompted to perhaps put a Will or Power of Attorney in place because a family member has had a health scare, or someone known to them has died.” 



Posted 20/10/17

Linda Christie marks 30 years at Miller Hendry in Dundee

Linda Christie celebrates 30 years

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Senior Executry Paralegal Linda Christie recently celebrated 30 years with leading Tayside solicitors and estate agents Miller Hendry.

She was presented with gifts on behalf of the firm by Ernest Boath, Head of the Private Client Department, at a special ceremony attended by her colleagues.  

Linda, who is based in the firm’s Dundee office, has many years’ experience in dealing with the administration of Executries, originally with Burns Veal and subsequently with Miller Hendry following the merger of the firms in 1998. She is a qualified Law Accountant in Scotland (SOLAS). 


Posted 13/10/17

Kirriemuir Thistle U19s kitted out in style thanks to Miller Hendry

Kirriemuir Thistle

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Kirriemuir Thistle U19s kicked off the 2017/18 football season in style with some brand new kit supplied by Miller Hendry solicitors and estate agents.

Ernie Boath, Partner and Head of Private Client Department, presented the strips to the delighted squad at a recent training night in Martin Park. 

Mr Boath, who has a strong personal connection with the squad, explained: “Miller Hendry sponsored the team some years ago when my older son Calum played in the U9s and now my younger son Duncan is playing in the U19s. 

“Supporting and encouraging young people in the area is very important to us and we are delighted to be able to highlight the commitment and passion of the players and volunteers at Kirriemuir Thistle JFC by supplying the U19s with their new club strips. I hope the new kit will bring them luck in their fixtures throughout the year.” 


Posted 12/09/17

Miller Hendry sponsors Dundee and Angus Chamber of Commerce AGM

John  G Thom

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Leading Tayside legal and estate agency practice Miller Hendry is sponsoring Dundee and Angus Chamber of Commerce’s forthcoming AGM.

The high-profile business event takes place on Thursday, August 31 in the Invercarse Hotel from 4-8pm. 

Chairman John Thom said: “Miller Hendry is delighted to be sponsoring this important annual event. Not only does the AGM give members the opportunity to discuss the future direction of the Chamber, but it’s an exciting showcase for Tayside’s vibrant business community with dozens of exhibitors taking part.” 



Posted 30/08/17

Directors could face criminal charges and big fines as UK Government rolls out new rules to help SMEs get paid in time

Court

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Company directors could face criminal charges under new rules designed by the UK Government to help small businesses get paid on time by larger corporates.

The new criminal offence kicked in when the Reporting on Payment Practices and Performance Regulations 2017 came into effect on April 6, 2017. 

Now, when a company fails to publish information about how long it takes to pay suppliers, both the business and each individual director will face criminal prosecution and unlimited fines.



Posted 21/08/17

Make the most of new Inheritance Tax rules as soaring house values push IHT receipts to almost £5bn

Soaring house prices

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Inheritance tax (IHT) paid by UK families has topped £5bn a year for the first time in history.

People often assume that IHT only applies to the very rich, but a record number of middle-class families are affected as a result of soaring house prices and stamp duty discouraging elderly people from downsizing.

According to the most up-to-date figures provided by HM Revenue & Customs (HMRC), the amount of money paid in Inheritance Tax (IHT) by UK families has risen by almost 70% over the last five years (2012-2017).

The figures show that in 2011/12, HMRC collected £2.9bn and this increased to £4.8bn for the 2016/17 tax year. The statistics also show a sharp peak in IHT receipts at the beginning of this tax year, with an increase compared to the same period last year of 34%.

Record numbers of estates, particularly in the south of England, are paying IHT as a result of increasing house prices and the freezing of the IHT nil-rate band at £325,000 since 2009.



Posted 14/08/17

Scotland’s first ever disqualification order has major implications for private landlords in Tayside

Rogue Landlords

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Rogue landlords can expect stiffer penalties after a landmark court ruling signalled a crackdown on lawbreakers.

Mohammed Murtaza recently became the first private landlord to be disqualified by a Scottish court when he was convicted for operating as a landlord after his registration was refused. 

Following his second conviction at Kirkcaldy Sheriff Court, the 47-year-old Fife landlord was banned from renting out homes anywhere in Scotland for 12 months. He was also fined £500. 

Mr Murtaza was found guilty of breaching both the Antisocial Behaviour (Scotland) Act 2004, and the Housing (Scotland) Act 2006. 

Sheriff Gilchrist said it was "a flagrant breach of legislation". 

The landlord had previously been convicted at Kirkcaldy Sheriff Court in November 2014 for failing to comply with his private landlord duties under the Antisocial Behaviour etc (Scotland) Act 2004 and for being in breach of Gas Safety (Installation & Use) Regulations 1998. 


Posted 11/08/17

EU’s anti-money laundering reforms may have an impact on Tayside businesses says Miller Hendry’s Alistair Duncan

Money Laundering

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Businesses in Tayside may have to carry out rigorous checks to make it harder for terrorists and criminals to launder money through the UK’s financial system.

The fourth EU Money Laundering Directive (4MLD), which came into force on June 26, strengthens the existing rules to make it much harder for law breakers to move funds, hide assets or avoid tax.

It comes as discussions with the European Parliament and the Council on extra measures to further reinforce the Directive are already at an advanced stage.

Introduced last year as part of the Small Business, Enterprise and Employment Act 2015, the regime requires unlisted UK companies and LLPs to identify “People with Significant Control” over them, and to record their details in a statutory register. Until now, any changes to the PSC register could be notified annually using the company’s annual CS01 confirmation statement, but in future there’s a new process to notify any change, with 14 days to update the firm’s PSC register and a further 14 days to send the information to Companies House.


Posted 11/08/17

Pollock v Drogo Development Limited - Pipe down, you agreed to it?

Pipe down you agreed to it

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It is common for neighbours to have rights over each others’ properties for services such as drainage pipes and other utilities. But what should you do if you think your neighbour has overstepped the mark and is intending to carry out works on your land over and above what they are entitled to do? That is the question in a recent court case which saw Drogo Developments install new drainage pipes on neighbouring land belonging to Pollock which fell outwith the area over which they had been granted rights for services. It has been accepted that Drogo have indeed carried out works which they had no right to do, but they argue that Pollock have lost their right to object by acquiescence i.e. by not objecting at the outset and allowing the works to take place. This point is currently under discussion and a decision has yet to be made. If you find yourself in a similar position to Pollock, we would recommend seeking the advice of your solicitor as soon as you become aware of matters and informing your neighbour of your objection in writing without delay. It remains to be seen whether Drogo will be successful in their argument in this particular matter, but sitting on your hands will not serve to strengthen your case even when you believe the other party to be the one in the wrong. 

Posted 10/08/17

Dunlea v Cashwell - What is “normal” anyway?

Dunlea v Cashwell - What is “normal” anyway?

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We are often involved in dealings with land intended for redevelopment, but much of the time we are not approached by our clients until they have already spent considerable time and money on the process of obtaining planning consent. If you are considering buying land for development, or redeveloping land you already own, you might consider asking your solicitor to review the title to the land at the outset, to ensure that there is nothing in it which would adversely affect the intended development. Titles to land can often place restrictions on use of the land or the access thereto, which may be enforceable by third parties. Dunlea discovered that to their cost in a recent case, when it was decided that a right of access to their land for “normal” residential use did not extend to construction traffic despite the fact that this was in connection with the construction of a residential dwelling. It is therefore worth asking your solicitor to carry out a title check to avoid incurring costs on a project which may ultimately prove to be fruitless. 


Posted 10/08/17

St Andrews Forest Lodges Ltd v Grieve - Doing what it says on the tin?

St Andrews Forest Lodges Ltd v Grieve

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As property lawyers we are often approached by clients who wish to grant some sort of occupancy rights to their property in favour of a third party but which falls short of a full blown lease with all of the obligations and implications that entails. Creating an occupancy agreement – often labelled a “licence to occupy” – which falls short of being an actual lease is possible in certain limited circumstances. It is important to be aware, however, that it is not just a question of labelling. If a tin of carrots is mistakenly labelled “peas”, that does not change the contents of the tin. The same principle applies to leases and licences to occupy. If it looks like a lease and acts like a lease, then it is a lease regardless of what it says on the tin. Just as we might be disappointed to open our tin of “peas” and discover carrots, so too can property owners be left unhappy to discover that a deed which purports to be a licence to occupy is, when all is said and done, a lease. Property owners finding themselves in this situation can be subject to much more onerous obligations than they had anticipated.  


Posted 10/08/17

Supreme Court ruling that employment tribunal fees are unlawful is welcomed by leading Tayside employment expert

Tribunal fees are unlawful

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A recent landmark Supreme Court ruling that employment tribunal fees are unlawful has been welcomed by a leading Tayside lawyer.

Employment law expert Alan Matthew from Miller Hendry, which has branches in Dundee, Perth and Crieff, hailed the unanimous decision against the UK Government as “one of the most important in employment law in the modern era”.

The UK Government will now have to refund up to £32m to claimants after trade union Unison argued successfully that fees introduced in 2013 prevented workers accessing justice.

The Supreme Court ruled the government acted unlawfully and unconstitutionally when it introduced the charges of up to £1,200 in 2013 in a bid to reduce the number of malicious and weak cases.


Posted 02/08/17

Leading legal and estate agency firm Miller Hendry sponsors Tug o’ War event at Crieff Highland Gathering for second year

 Tug o’ War

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Miller Hendry has been roped in as the official Tug o’ War sponsor at next month’s Crieff Highland Gathering which takes place in the town’s Market Park on Sunday, August 20, 2017.

The leading legal and estate agency firm – which has a branch in the town’s Comrie Street - has enjoyed a close association with the Strathearn capital showpiece after generously supporting the popular event in 2016.

John Thom, Miller Hendry’s Chairman, said: “Miller Hendry is delighted to continue our association with Crieff Highland Gathering by sponsoring the Tug o’ War competition for the second year in a row. It is a fantastic event and everyone in the firm is very much looking forward to what will be an exciting contest.


Posted 19/07/17

Audrey Hepburn memorabilia wrangle highlights importance of making a concise Will says Tayside solicitor Caroline Fraser

importance of making a concise Will

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Failing to draft a clear and concise Will can tear families apart and spark years of expensive legal wrangling, warns private client expert Caroline Fraser.

Ms Fraser, a partner at Tayside legal firm Miller Hendry, was reacting to the news that the long-running feud between Audrey Hepburn’s two sons appears to be at an end.

The Breakfast At Tiffany’s star left a £77 million fortune and a treasure trove of memorabilia which included items such as photos, iconic outfits, her personal wardrobe, classic posters, famous scripts, and awards. Although the collection was to be split 50/50 between Sean Ferrer and his half-brother Luca Dotta, her handwritten Will did not stipulate who should receive which items.


Posted 19/07/17

Miller Hendry announces promotions in Perth and Dundee

Miller Hendry announces promotions in Perth and Dundee

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Leading Tayside legal and estate agency firm Miller Hendry has made two promotions at its Perth and Dundee offices.

Mhairi Cage has been promoted to Associate in the Private Client department after six years with the firm having started with the firm as a trainee in 2010. Based in Miller Hendry’s Perth office, she studied law at the University of Glasgow, graduating with 1st Class Honours, before completing the Diploma in Legal Practice at the University of Dundee in 2009. 

Mhairi deals with Wills, Powers of Attorney, Executries, Guardianships, Inheritance Tax Planning, Trusts and Charities.  

Meanwhile, Lyndsey Foggarty has been promoted to Associate in the Commercial department in Dundee after six years with the firm also having started with the firm as a trainee in 2010. 


Posted 19/07/17

Private parking fines ARE enforceable warns Tayside solicitor

Parking Fines

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Tayside motorists who ignore fines from private parking firms, believing them to be unenforceable, do not have the law on their side.

That’s the view of Aileen Scott, Associate Solicitor at Miller Hendry, who warned local drivers to be on their guard when parking on private land. 

Her advice comes in the wake of two landmark cases which saw judges both north and south of the border rule that private parking fines are legally enforceable. 


Posted 19/07/17

Royal grief revelations help eradicate mental health stigma in the workplace

Mental Health

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News that high street retail giant John Lewis has taken a £36m hit to profits to cover potential back payments to staff has thrown a spotlight on the pitfalls of breaching National Minimum Wage rules.

And it looks likely that accurate calculations of the National Minimum Wage will continue to cause headaches for employers, with an employment tribunal acknowledging the complexity, saying there is no single key to unlocking every case.

Recently, unintentional underpayments in staff pay packets have affected major retailers like John Lewis and Tesco, while others have been waiting for an employment tribunal decision on when sleeping night shift staff are eligible for the National Minimum Wage (NMW).


Posted 20/06/17

John Lewis £36m back pay bill highlights pitfalls of breaching National Minimum Wage regulations

John Lewis

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News that high street retail giant John Lewis has taken a £36m hit to profits to cover potential back payments to staff has thrown a spotlight on the pitfalls of breaching National Minimum Wage rules.

And it looks likely that accurate calculations of the National Minimum Wage will continue to cause headaches for employers, with an employment tribunal acknowledging the complexity, saying there is no single key to unlocking every case.

Recently, unintentional underpayments in staff pay packets have affected major retailers like John Lewis and Tesco, while others have been waiting for an employment tribunal decision on when sleeping night shift staff are eligible for the National Minimum Wage (NMW).


Posted 20/06/17

When tweets become twibels … Tayside employers must face up to the social media challenge

Twitter

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The recent Jack Monroe v Katie Hopkins libel action highlighted once again the legal minefield surrounding the use of social media.

The English courts awarded food blogger Jack Monroe £24,000 damages, plus legal costs, after controversial columnist Katie Hopkins fired off two tweets suggesting Ms Monroe approved of defacing a war memorial.

Although the law is different in Scotland, there are important lessons to be learned for businesses north of the border.

Alan Matthew, partner at Tayside-based solicitors Miller Hendry, said: “Correctly used, social media can bring enormous business benefits – enhancing your brand, boosting your profile and even winning new customers. But irresponsible use can have far-reaching consequences, ruining careers and even lives.


Posted 10/05/17

Tayside families could lose out after inheritance claims

Inheritance Disputes

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Record numbers of inheritance disputes are going through the courts as modern family structures and rising house prices push more people to contest unfavourable outcomes.

Two recent high profile English cases – which have implications in Scotland - have seen families losing out after legal action. 

The English courts gave judgements in the cases of an estranged daughter who challenged her mother’s will after discovering she had been excluded, and two brothers who ran up fees totalling more than their entire inheritance by disputing a stepmother’s share of their father’s estate. 


Posted 02/05/17

Miller Hendry’s £4645 boost for Will Aid scheme

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Tayside solicitors and estate agents Miller Hendry have raised £4645 for charity after taking part in the latest Will Aid campaign.

Anthony McVeigh, from the Scottish Catholic International Aid Fund (SCIAF) ,visited the firm on Monday (April 24) to present partners and staff with a certificate to thank them for their support. 

The big-hearted firm – which has offices in Dundee, Perth and Crieff – has taken part in Will Aid every year since 1996 and, in that time, has raised a whopping £79,503 


Posted 25/04/17

What does Europe’s workplace headscarf ban mean for employers in Tayside?

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A local employment law expert from solicitors Miller Hendry has claimed employers in Tayside CAN ban women from wearing Islamic head scarfs.

Europe’s top court has ruled that it is not direct discrimination for companies and organisations to stop employees from wearing the hijab or any other religious and political symbols.

But any ban must be based on internal company rules that require all employees to "dress neutrally", said the European Court of Justice (ECJ) in Luxembourg.


Posted 25/04/17

Don’t miss out on new Inheritance Tax perk ahead of the new tax year, warns Miller Hendry legal expert

Wills

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Individuals throughout Tayside could miss out on tax breaks if they fail to review their wills and investments ahead of major changes to Inheritance Tax (IHT) law early next month.

That’s the warning from Ernest Boath, Head of Private Client at Miller Hendry Solicitors and Estate Agents, who advises: “As the end of the tax year approaches, it’s a good time to make sure you’re maximising your opportunities for inheritance tax reliefs.


Posted 29/03/17

Residential tenancy shake-up under the microscope as top Tayside solicitor briefs Dundee Solicitors’ CPD group  

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A leading Tayside solicitor will brief legal professionals on major changes to the law surrounding residential tenancies this week.

Jeffrey Hope, Managing Partner and property law expert at Miller Hendry Solicitors and Estate Agents, has been confirmed as guest speaker to Dundee Solicitors’ prestigious Continuing Professional Development (CPD) group on Wednesday, March 29, 2017.

The Private Housing (Tenancies) (Scotland) Act 2016, which comes into force later this year, looks set to shake-up Scotland’s private rental sector by introducing new rules for landlords and tenants.


Posted 27/03/17

Scotland's tenants and landlords braced for major shake-up

Scotland's tenants and landlords braced for major shake-up

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Is the 80s’ dream of universal home ownership finally over?

A perfect storm of soaring house prices, job insecurity and no access to a deposit means buying your own home is no longer an affordable option for a growing number of Scots. 


Posted 23/03/17

Tayside property owners warned of Scottish Land Register change as KIR goes live in Dundee postcodes

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A Scottish Government project to create a map-based, publicly-available Land Register by 2024 could have major financial implications for Tayside property owners.

That’s the opinion of Alistair Duncan, a property law expert at Tayside Solicitors and Estate Agents, Miller Hendry, who has been weighing up the pros and cons, now that an integral part of the initiative has gone live in some Dundee and Angus postcodes (including Broughty Ferry and Monifieth).

Posted 14/03/17

Celebrity Deaths Highlight Inheritance Tax Woes

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The recent series of shocking celebrity deaths - including Harry Potter star Sir John Hurt in late January - are a timely reminder that everyone should make solid financial plans before they pass away.

It has emerged that David Bowie left his $100m estate to his wife, Iman, and his two children. Carrie Fisher's $25million fortune will go to the Star Wars alumni's daughter Billie Lourde through a trust, while Wham legend George Michael's big sister Melanie will receive the bulk of his £105 million fortune.

Posted 06/02/17

Red light for roads’ bosses in tribunal case

Red Light for Roads' Bosses in Tribunal Case

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The stark warning comes from Tayside solicitors’ firm Miller Hendry in the wake of a recent Employment Tribunal case in England, where an employer was found to have failed to facilitate breaks – even though the employee in question hadn’t asked for one!

Posted 30/01/17

Grandparents help cash-strapped millennials onto housing ladder

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Cash-strapped millennials are getting a helping hand onto the property ladder thanks to their big-hearted grandparents.

Members of the older generation are increasingly choosing to leave all or part of their estates to their grandchildren so they can afford to buy a home of their own.

Posted 25/01/17

Bosses braced for ‘thundersnow’ sicknotes as storms batter Tayside

Thundersnow

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Tayside employers worried about the impact this week’s forecasted ‘thundersnow’ storms may have on their business are urged to check out an online guide published by solicitors firm Miller Hendry.

Responding to an increase in enquiries about how small businesses should prepare for the winter season, employment law expert Alan Matthew has written the informative guidance document.

Posted 12/01/17

It’s the thought that counts: why firms need to be wary of being generous at Christmas

Christmas Gift

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Local solicitors, Miller Hendry, have this week issued a timely warning to firms who are planning to splash out on some festive generosity to ensure they don’t fall foul of the Bribery Act.

The Bribery Act ushered in a stricter anti-corruption regime when it came into force in 2011 and although Christmas gifts and hospitality are not banned, it’s important that companies don’t splash out too much as they may end up in deep water with over-generous Christmas gifts

Posted 13/12/16

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Miller Hendry solicitor and family law expert Richard Frenz receives specialist accreditation

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Richard Frenz, a lawyer with Tayside based solicitors and estate agents Miller Hendry, has been given one of The Law Society of Scotland’s highest accolades for being an expert in family law.

Richard has been deemed an accredited specialist in the area of family law, one of just 500 accredited specialists in 28 specialisms across Scotland. 

Posted 28/10/16



Time for employers to change with the times when it comes to workplace dress codes, solicitors firm warns

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Workplace dress codes: they’re no longer about ties and skirt lengths, they extend to religious headgear, tattoos and more. And with such a complicated set of factors, it’s time employers took a good look at their rules and changed with the times, says Tayside solicitors firm Miller Hendry.

Posted 25/10/16


Local solicitors’ firm walks the length of Britain – virtually

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Teams from Miller Hendry’s offices in Crieff and Dundee walked more than 900 miles - the same distance as John O’Groats to Land’s End - as part of The ARCHIE Foundation’s Virtual Challenge, which ran throughout the month of September. Money raised through sponsorship will go towards the Foundation and its programme of funding children’s hospitals in Tayside, Aberdeen and Inverness.

Posted 04/10/16

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5 hidden signs of sex discrimination in the workplace

Gender Bias

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Female workers could be suffering sex discrimination without even realising it, according to solicitors’ firm Miller Hendry. And with gender bias and women’s rights hitting the news headlines, the Tayside firm is advising both employees and bosses to be vigilant.

Posted 10/09/16


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Local solicitors’ firm steps it up this September with virtual walk across Britain

Miller Hendry Crieff team Archie photo

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Teams from Miller Hendry’s offices in Crieff and Dundee are taking part in a challenge to run or walk the same distance as John O’Groats to Land’s End as part of The ARCHIE Foundation’s Virtual Challenge, which runs throughout the month of September. Money raised through sponsorship will go towards the Foundation and its programme of funding children’s hospitals in Tayside, Aberdeen and Inverness.

Posted 07/09/16


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Blog: Are your rights being limited by Pokémon Go’s terms and conditions?

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With people walking into on-coming traffic, teenagers stranded out at sea in Somerset and Holocaust landmarks protesting being taken over by PokéStops, it seems like it is only a matter of time before legal action is taken against Pokémon Go’s creator Niantic. But best to read the fine print first, writes Rachel Irvine.


Posted:02/09/16

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How to keep your cool in the office when temperatures soar

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As the country gets ready for a last-minute bout of summer heat, employers should be taking a good look at temperatures inside the office, says Tayside based solicitors and estate agents Miller Hendry.

Those heading to work as temperatures soar may well be asking themselves: How hot is too hot? And that applies to commutes to work, as well as the workplace.


Posted:26/08/16

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In today’s sharing economy, do we share the same views on workers’ rights?

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With the success of ride hailing app Uber – a pioneer of the new ‘sharing economy’ – comes a conundrum, according to Tayside solicitor and estate agent Miller Hendry: What happens when society doesn’t share the concept of workers’ rights?


Posted:24/08/16

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Blog: When it comes to family wills, make sure they’re clear and up to date

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They say family and money don’t mix, and a recent Court of Session decision in Edinburgh proves it, writes Caroline Fraser.

The decision centred around a man’s claim that he was entitled to a share of his late mother-in-law’s estate because he had loaned her money to help buy her property.

Posted:19/08/16


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Tougher new copyright law means extra protection for designers against rip-offs

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A strict new copyright law will ensure extra protection for artists and designers from those attempting to rip off their designs, says Tayside solicitors and property agents Miller Hendry.

The law, which extends design copyright from 25 to 70 years, is aimed at preventing people and businesses producing replicas and knock-offs of the work of artists and designers.

Posted: 12/08/16

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Blog: Pokémon Go may be a cultural sensation but it’s also a legal headscratcher

pokemon

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The augmented reality game Pokémon Go may have taken over the public consciousness but it is creating serious questions around the issues of privacy and property, writes Rachel Irvine.

The cultural sensation that is crashing servers, topping download charts, losing people off cliffs and generating plenty of news headlines is also directly affecting homeowners and dwellers, as well as business owners. Not only is there a privacy issue but there are question marks over the virtual space around a building and who, if anyone, owns it.

Posted: 04/08/16


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UK firms face tough EU-wide data protection rules, despite Brexit

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British firms are facing tough EU-led rules on data protection, and that’s despite the Brexit vote, warns Tayside based solicitors and estate agents Miller Hendry.

A major milestone in EU data protection law was marked when the General Data Protection Regulation (GDPR) was adopted just before the EU Referendum. The legislation, which was set to replace the UK’s 1998 Data Protection Act, marks a tough new era in EU-wide data protection. It includes new powers for data regulators and much stricter operating boundaries for businesses processing personally identifiable information about individuals

Posted: 03/08/16

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Miller Hendry associates promoted to partners

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Two of Miller Hendry's associates have been promoted to partners as the Tayside based solicitors and estate agents strengthen their team. Caroline Fraser & Donnie Macleod.

John Thom, Chairman of Miller Hendry, said:

'The promotions of Caroline and Donnie to partners are well deserved and we offer them our hearty congratulations. We very much look forward to working alongside them in their new roles as we continue to develop and strengthen the firm.'

Posted: 04/07/16

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Lifting the lid on tricky toilet problems 

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A drop in public toilets and a rise in gender discrimination issues are causing a stink for businesses.

When the public toilets in the small Perthshire town of Blairgowrie were threatened with closure, it wasn’t long before locals were up in arms.

A public outcry, together with the support of local councillors and John Swinney MSP, resulted in an about-turn and a decision to keep the toilets in the centre of town open

Posted: 21/06/16

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When a ban on Muslim dress may not be discrimination at all

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Are there instances when employers can legally ban the wearing of Muslim headscarves in the workplace?

Although on the face of it such a ban may seem wrong, and certainly controversial, the answer is that it can sometimes be allowed, says Tayside based solicitors and estate agents Miller Hendry.

Posted: 20/06/16


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Solicitors’ firm turns wills into charity effort

Will Aid 2016

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Proving that where there’s a will there’s an opportunity for charity, Tayside based solicitors and estate agents Miller Hendry is celebrating a highly successful collaboration with the campaign Will Aid – one that ranks the firm among the top fundraisers in Scotland.

Posted: 12/05/16


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When banking with mum and dad, beware of the pitfalls

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Borrowing from the Bank of Mum and Dad is all very well but home buyers need to be aware of the pitfalls when they tap their relatives for cash, says Tayside based solicitors and estate agents Miller Hendry.

Posted: 04/05/16

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The Panama Papers case has cyber security implications too

Panama case has impications

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The so-called Panama Papers affair has implications beyond tax affairs, to cyber security in business, warns Tayside solicitors Miller Hendry.

Businesses of all sizes should learn a lesson from the largest leak in history and treat their cyber security with the same stringency as their legal, regulatory, financial or operational functions, said Miller Hendry’s legal team.

Posted: 21/04/16


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Religion in the workplace case should be a warning to employers

Religion in the workplace warning

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A ruling last week surrounding a spat between a Christian and a Muslim in their workplace should serve as a warning to employers, according to Tayside solicitors and estate agents Miller Hendry.

The case highlights the issue of different faiths in the workplace, and the inherent possibilities of discrimination claims, warned Miller Hendry’s employment law team.

Posted: 14/04/16


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Shake-up in Scottish Income Tax rules, but business as usual for taxpayers

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Scottish taxpayers will see a new tax code appearing on their payslips from this week as the Scottish Parliament sets income tax levels for the first time.

But while the new Scottish Rate of Income Tax (SRIT) marks a major change politically, it shouldn’t be too taxing for the people paying it. Taxpayers north of the border can rest assured that their rates and methods of payment will remain the same, according to Tayside based solicitors and estate agents Miller Hendry.

Posted: 13/04/16

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New National Living Wage takes effect on April 1 for workers aged 25 and over

New National Living Wage

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The compulsory National Living Wage takes effect on 1 April 2016, although companies could be forgiven for not noticing, says Tayside based solicitors and estate agents Miller Hendry.

The National Living Wage (NLW) has been making headlines since Chancellor George Osborne announced it last summer, but the Government’s target of £9 per hour by 2020 has overshadowed the detail. That has left many businesses unaware of the transitional deadlines and new penalties now in place, according to Miller Hendry.

Posted: 01/04/16

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Broadband a new property must as homeowners’ needs change

Broadband a new property must

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Access to the Internet has become a high priority for house hunters as leisure activities shift, according to a survey just out. A good, reliable broadband connection – one strong enough for streaming films and TV - ranks above a TV signal and having enough space for a flatscreen TV, says the survey of house hunter must-haves by gocompare.com.

Posted: 28/03/16


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News and Blog

Miller Hendry Previous News and Events

2013 & Earlier News and Events

Tribunals on Trail

Mandela's Legacy

Employers Warned to Prepare for Vounteering Surge

Not Paying Minimum Wage Could Cost You £20,000

Could Company Day Out Land You a Prison Sentence

Tribunal Fees Are Here to Stay (At Least for Now)

Demand for Divorce Information Surges as Festive Period Dawns

Miller Hendry Commended for Customer Service

Sky Pushed to its Limits With Microsoft's Cloudy Branding Stunt

Miller Hendry Shortlisted for Customer Service Award

Dunning Man Scoops Prize in Miller Hendry Competition

Dundee Properties Selling Like Hotcakes

Keeping it Professional: Who Owns Your Firm's Social Relationships

Miller Hendry Awarded LawNet Mark of Excellence

Caught in the (Public) Act?

Government's Gift Horse Turns Out to be a Trojan

Zero Hours Guidance for Local Firms

Zero Hours Contracts

Dundee Fares Well in Affordability Guide

Generous to a Fault

We're All Going On A Summer Holiday

Strawberry Tea a Sweet Charity Success

Dundee Lawyer Collects Award for Estate Planning

Mechanic Severs His Chance of Pointing Finger

Employee Shareholder Status

Verdant Works

Just Talking? Don't Bank on it

Summer Work Placement? Be Careful

Landlord Update: Tenant Information Pack

Is Home-working Working?

2012 And Earlier

Miller Hendry Tops Scotland's Will Aid Fundraising League

Dundee Lawyer STEPs Forward with Top Marks

Ageing is Not About Age, it's About People

HMRC to Recoup Unpaid Capital Gains Tax

Kit Sponsorship Keeps COG Velo on the Straight and Narrow

Whose Email is it Anyway?

HM Revenue & Customs Reveal and Increase in Inheritance Tax Receipts

Property is Key to Unlocking Quicker Separations


Landmark Ruling Opens Way to Change in Workplace Policies on Religion

Fees in Employment Tribunals

Tayside Employers to be Wary of European Human Rights Challenge

Last Chance for Your Will to Make a Difference

Closing Pandora's Box

Will Aid 2012: Make a Difference

Caroline Fraser: STEP Success

Sick Leave During Holidays

Update-Devolved Taxation in Scotland

Landlord Tax Evasion

OSCR - The Secondee's Perspective

Incentive for Charitable Legacies

Faulty Wills Lead To Big Inheritance Tax Bills

Charities and Community Amateur Sports Clubs (CASCs)

Will Aid

Business First

For any legal requirements please feel free to contact us by phone or fill in this form.

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Estate Agency Office: 01764 670077



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