The Intellectual Property Act 2014 (“Act”), which came into force recently, introduces a number of reforms in the area of designs and patents, examples of which are listed below.
Part three of our series of e-updates on court reform addresses the establishment of a new Sheriff Appeal Court.
At present appeals from the Sheriff Court in civil cases can be made either to the Sheriff Principal or direct to the Inner House of the Court of Session. The choice is largely down to the parties. The Bill sets up a new Sheriff Appeal Court which is intended to hear the vast majority of appeals from Sheriff Courts.
Currently, cases for values up to £3,000 must be raised under the Small Claims procedure, and cases for values between £3,001 and £5,000 must be raised under the Summary Cause procedure. The Courts Reform (Scotland) Bill replaces these two procedures with one ‘Simple Procedure’ for all cases for values up to £5,000.
This week we will be publishing an update each day covering a different reform contained in the (now passed) Courts Reform (Scotland) Bill. This update will cover the increase in the privative jurisdiction of the Sheriff Courts.
This afternoon John Swinney, Cabinet Secretary for Finance, Employment and Sustainable Growth in the Scottish Government, made history by announcing the rates of Land and Buildings Transaction Tax (LBTT) and Scottish Landfill Tax, the first new Scottish Taxes since 1707. The taxes will apply in Scotland from 1 April 2015.
Devotees will recall that we published an update in February of this year when the Courts Reform (Scotland) Bill was made public by the Scottish Government. The Bill has now been debated and was passed by the Scottish Parliament on 7 October 2014.
The recent appeal court decision in Lormor House v Glasgow City Council has confirmed that a tenant of land exceeding two acres which is let from year to year must only give 40 days’ notice to terminate the lease.
From today, employers who are found to have breached equal pay law will be ordered by the employment tribunal to carry out and publish equal pay audits.
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