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Welcome to our 26th issue of lindsays life
Nina Taylor Chair
ninataylor@lindsays.co.uk 0131 656 5788
Welcome to our 26th issue of Lindsays Life, the first issue since I became Chair of Lindsays earlier this year, succeeding Peter Tweedie. I’m very proud to take on this role at a firm with such a strong culture and ethos of supporting our clients and our own teams.
Lindsays Life is part of that support – helping you navigate the journey of life through useful, accessible articles on anything from providing for your family to running a business to buying or selling a home.
This issue has our usual wide range of topics – the pitfalls of DIY divorces, the uses of Letters of Wishes, guides to Scotland’s legal rights and its new succession law, the new UK Government’s commitments on employment rights, how to give to charity effectively, tips for would-be gaming entrepreneurs, key considerations for making a personal injury claim, and much more.
In all these articles and throughout all our work, we put approachability and accessibility at the heart of what we do. We’ll offer you expert ideas, guidance and solutions, but we’re not here to intimidate you with legal jargon or old-fashioned attitudes. In my own role as Chair, I will continue to promote this ethos firm-wide.
I hope you enjoy this issue of Lindsays Life and find it useful for running your life or your business. If you have any ideas for topics you’d like to see covered in future, we’d love to hear from you.
Wishes can come true
A Letter of Wishes is a flexible and useful complement to a Will, filling in some of your personal hopes and preferences for family members or anything else.
Awell-prepared Will can be a wonderful gift for your loved ones – saving them additional paperwork, stress and expense after your death. But as a legal and often publicly-available document, after your death, it’s not necessarily the best place to house everything you want to tell your executors – from funeral arrangements to your hopes and fears about dependants’ care.
This is where a Letter of Wishes comes in. It’s a useful way to fill in the gaps of what you want executors, family members, guardians and trustees to know (and do) after your death. It usually sits alongside a Will but is not itself a legally-binding document.
Upsides and downsides
The non-legally binding nature of a Letter of Wishes is both its strength and its weakness.
On the upside, it allows executors and trustees the necessary flexibility to make decisions – being able to adapt to changing circumstances while still understanding your hopes. In addition, it’s
a confidential document, allowing you some frankness about any family arrangements, or circumstances, you don’t want to put in your Will.
On the flipside, executors are not bound to follow your wishes if circumstances mean it is no longer appropriate to do so.
Kirsty Preston
Senior Associate, Private Client kirstypreston@lindsays.co.uk 01382 317180
Do you need legal advice?
There’s no legal format required for a Letter of Wishes, and it’s something you can write yourself, without needing it to be formally witnessed. However, care is required and a solicitor could provide useful advice on aspects you’ve left out, or - critically - any potential issues.
It is strongly recommended that the Letter of Wishes is stored alongside your Will.
What you could cover in
a
Letter of Wishes
> Preferences for your funeral
> Hopes for your children – from where they will go to school to whether they continue their music lessons
> Plans for other dependants, or even for pets
> Requests to trustees on how a trust fund is invested or used
> Explanations for the thinking behind your Will
> Instructions about your personal effects or small individual items
> Anything else you want executors to know, do or tell people
> Hopes for charitable donations
attraction RULES OF
Cohabitation agreements offer valuable protection for unmarried couples, but it’s important to consider the difference between cohabitants’ and spousal rights.
Over the past few years, there’s been a big surge in unmarried couples entering into cohabitation agreements, usually when they are buying a home together. We’re strongly in favour of this development since ‘cohabs’, as they are known, provide valuable clarity and certainty about what happens if couples split.
For example, they could provide for scenarios such as one partner getting back the deposit they paid, or one partner getting first dibs on staying in the property. This is important because unlike with spouses and civil partners,
there are no hard and fast rules stating cohabitants’ entitlements on separation,
leading to potential legal disputes or one party suffering financial loss.
‘We just got married!’
However, as the number of people sensibly opting for cohabs increases, we’re also seeing a rise in another scenario – that during the course of drawing up the cohab, clients happen to mention that they’re about to get married or have even just done so!
Whilst we’re always delighted for them, this does create some legal awkwardness. As we said above, a cohabitation agreement is a way for unmarried couples to decide what will happen when they separate.
Once they marry or enter into a civil partnership, they automatically gain rights that unmarried couples don’t have.
For example to share in the value of assets acquired during the course of the marriage if they split. They also acquire some automatic inheritance rights. Unfortunately,
this may mean their cohab is no longer fit for purpose,
since various assets and rights may not have been considered, or the terms of the agreement may conflict with legal rights gained on marriage.
Catering for your situation
We certainly don’t want to deter couples from making cohabs. The protection and clarity they offer is so important. But we do suggest that if you’re engaged or likely to marry, do tell your solicitor when making a cohab.
A good family lawyer can then advise on whether a pre-nuptial agreement would be more useful for you both, or how to draw up a cohab that would be fit for purpose after marriage as well as before.
Paige Burton
Senior Solicitor, Family Law paigeburton@lindsays.co.uk 0131 656 5558
Philippa Abernethy
Senior Solicitor, Family Law philippaabernethy@lindsays.co.uk 0141 302 8425
Scan the QR code to view videos of our lawyers discussing related matters.
Could you follow in the footsteps of Taylor Swift?
With rising calls on their services, charities need support from donors more than ever. Taylor Swift set an example during her Eras Tour; we explain your own options for helping them.
Back in the summer when Taylor Swift mania swept across the UK, you may have read about her donations to food banks in each city she played, including in Edinburgh. One charity in Liverpool said she had donated enough to fund an entire year’s worth of meals, saying the donation was “beyond [their] Wildest Dreams”.
Swift’s generosity not only highlights the impact donors can have in making us aware of societal injustices and inequalities. It’s also a
reminder of the benefits that personal giving can offer individuals, from a sense of making a difference to mitigating family tax exposure and so much more.
If you want to step up your own donations, it’s worth taking advice on how to maximise the mutual benefits.
Gifts during your lifetime
If, like Taylor Swift, you want to donate during your lifetime, there are three principal methods to consider. The first is through regular or one-off donations, possibly through an employer’s Payroll Giving scheme which helps to maximise the amount donated by the individual in a tax efficient manner and with the additional benefit of Gift Aid for the charity.
Lifetime gifting not only benefits the charity, it also brings you income tax relief if you’re a higher-rate taxpayer.
In addition, charitable giving can reduce your estate for inheritance tax purposes, and gifts of land, property or shares to a charity are eligible for both capital gains and income tax relief. Early conversations can help establish which gifts would be most financially effective for both you and your chosen charities.
Donating on a larger scale
If you’re thinking about larger-scale donations and more sustained giving, it’s possible to set up your own charity or family foundation.
Here too, there can be tax benefits, and you also get comfort over direct involvement in what your money is used for and the enjoyment of being engaged with particular charitable causes which are important to you. There’s an attractive intergenerational and educational aspect too, for example engaging family at a young age either as trustees or observers at board meetings.
A lesser-known alternative to establishing your own charity is a Donor Advised Fund, or DAF. Through a contract with the DAF provider, you can stipulate the charitable purposes the fund is held for and also the recipients if desirable but as the DAF account is a sub-fund of a registered charity, you’re not yourself burdened with the regulatory and legal aspects of its operation.
These three different routes to charitable giving all have pros and cons, depending on what causes you want to support, how much you wish to donate, and your appetite for handson involvement. An experienced private client and charities solicitor, often in conjunction with financial advice, can advise on these, supporting you on legal and governance requirements and helping you maximise tax-efficiency.
Charitable legacies in your will
An alternative to lifetime giving is to do so in your Will. You can leave a fixed amount, specific assets or the residue of your estate after other legacies have been distributed. Your charitable legacy or bequest will either be taken off the value of your estate before inheritance is calculated or reduce your inheritance tax rate if 10% or more of your estate is left to charity.
For most charities, the ideal legacy will be one without conditions, but ultimately it’s up to you whether you want to stipulate in your Will any conditions on how your legacy is used. They should be clear and well drafted, and a Letter of Wishes (see page 4) can be helpful here. It’s also important to clearly identify a charity in your Will and include flexibility should that charity merge or cease to exist in the future.
By consulting with your chosen charity (or charities) when you make your Will, you can discuss with them what would be the best way for them to receive your legacy
– for example whether they would prefer the transfer of a property or the proceeds of a sale. This conversation will also help the charity to budget for the future in what is an uncertain economic climate. Your own tax considerations may also drive your decision, and whatever you do, a well drafted Will is essential. Yet another good reason to get one drawn up!
Helen Kidd Partner, Head of Charities
and the Third Sector
helenkidd@lindsays.co.uk 0131 656 5536
What is ‘reasonable’
for landlords and tenants?
When granting (or not granting) an eviction order to landlords, the Tribunal now applies a ‘reasonableness’ test. What does this entail?
Importantly, the law does not state how the Tribunal should assess when an eviction is ‘reasonable,’ since the Scottish Parliament did not set down any guidelines on this. Furthermore, the Tribunal quickly made it clear that there are almost no limits on what it may consider when assessing ‘reasonableness.’
AAdam Gardiner
Associate, Dispute Resolution and Litigation adamgardiner@lindsays.co.uk 0131 656 5752
t the start of the Covid pandemic, the Scottish Government introduced multiple legal restrictions on evictions for private residential tenancies. These evolved at various points between 2020 and April 2024, and most have now been removed. One of the only remaining measures, which looks like it is here to stay, is the introduction of a ‘reasonableness’ test for eviction orders.
When the test is applied
If a landlord serves a valid termination notice and the tenant fails to leave the property by the termination date, the landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order. Regardless of the grounds for eviction, the Tribunal will only grant an eviction order if it is ‘reasonable’ to do so.
Likely factors considered
This has, not surprisingly, made it extremely difficult for both landlords and tenants to predict what the Tribunal will think about in any particular case.
Our own experience and scrutiny show that the Tribunal will assess the circumstances of both landlord and tenant, and may look at the following (though this is certainly not an exhaustive list):
> How long the tenant has lived at the property.
> Any family members who live with the tenant.
> The tenant’s ability to find alternative accommodation.
> The tenant’s conduct during the tenancy.
> Attempts by the tenant to resolve the circumstances leading to the eviction (e.g. paying off rent arrears).
> Any health conditions or vulnerabilities of the tenant.
> Attempts by the landlord to try to avoid evicting the tenant.
> The financial disadvantage to the landlord if they were refused an eviction order.
Given that it’s virtually impossible to appeal the Tribunal’s decision about reasonableness, it is essential to prepare a case with arguments about reasonableness in mind, and to take legal advice about what form these arguments should take.
What does Labour’s New Deal mean for you now?
Employers of every size and sector will be affected by the UK Government’s proposed employment law changes.
Before the Labour Party won July’s General Election, it committed to deliver the ‘biggest upgrade to rights at work for a generation.’ It also pledged to do this at a rapid pace, starting the process of drafting, consulting on and refining new legislation in its first one hundred days in office.
Though it will be a while before any new rules come into force, you should be aware of the changes and start to think about updating your policies.
Carla Codona Solicitor,
Employment carlacodona@lindsays.co.uk 0141 302 8378
Day one rights
Under current law, many employment rights do not begin until staff have completed two years’ service. These include the right to bring an unfair dismissal claim. Labour have stated that they will make such rights ‘day one rights’.
The ability to bring a claim for unfair dismissal from the first day of your employment will make it much harder to undo a recruitment mistake, meaning employers should be more careful about hiring and vetting processes, putting probationary periods in contracts, and ensure that any concerns around performance or conduct are recorded in writing.
Worker status
Labour proposes to remove the distinction between workers and employees and give that group rights which are currently only given to employees. This will affect employers that use “bank staff” and zero hours contract workers including in the charity, social care, tourism, and hospitality sectors. In preparation, employers may want to review and streamline the individuals on their bank roster.
Flexibility
To counter ‘one-sided flexibility,’ Labour proposes to tackle the use of ‘exploitative’ zero hours contracts and require reasonable notice for shift changes. You may need to review your contracts and how you organise shifts and rotas.
Sick pay
Another of the pre-election proposals was that statutory sick pay would be payable from the first day of absence, rather than the fourth day. Employers would be well advised to institute more strategic systems of absence recordkeeping and management.
Workers’ voice
We also expect staff to get more opportunities to join trade unions. As a result, you may need to accommodate new rights for trade unions and their reps to organise in your workplace and adapt your induction processes for staff.
Managing change
These are just a few of the expected changes to employment rights, and you will need to keep up to speed as the detail gets released, consulted upon, and brought into force.
Lindsays’ fixed-fee prism service can keep you on top of this and help you prepare for change, managing any reputational or legal risks that could affect your organisation.
For more information visit: lindsays.co.uk/prism
Showtime! The burning issues in rural Scotland
This summer our Rural – Land & Business team visited 10 shows, from The Borders Union Show to the Argyllshire Gathering. Here’s what we heard.
In our hundreds of chats with land owners, managers, farmers and country dwellers this summer, a number of issues came up repeatedly. Here’s a rundown of some hot topics that may affect you over the coming months, and it’s certainly a varied mix.
Woodburners
Earlier this year, new Scottish Government regulations effectively banned the installation of woodburners in new-build homes, in a bid to tackle greenhouse gas emissions. Many in the rural sector thought policymakers had failed to take into account the realities of country living, so they will be glad to learn that the Scottish Government are reviewing the regulations and currently woodburners may be permitted if they can justify the need.
Native species
August saw the birth of the first wild-born beavers in Scotland for 400 years in the Cairngorms National Park. While this is certainly a conservation milestone, some farmers and landowners have mixed feelings about their reintroduction in, or near, agricultural areas. Others have apprehensions about proposals to reintroduce lynx in Scotland and Northumberland. For land managers, the issues raised by such projects range from their own wildlife management practices to rights to compensation for loss of income.
Peatland restoration
Peatland restoration continues to be a talking point for Lindsays clients, with our Rural – Land & Business team regularly consulted on projects around maximising land use.
The Scottish Government reported record levels of peatland restoration over the 12 months to June 2024,
and the increasing number of schemes and incentives available is likely to sustain the boom in such projects.
Land reform
Finally, the big trending themes for everyone in the rural sector continue to be the uncertainties over proposals in the Land Reform (Scotland) Bill and the passing of the Agricultural and Rural Communities (Scotland) Act 2024. On the former, one of the major concerns for our clients relates to the proposed changes for the resumption of leased land, which if passed into law could have huge ramifications for rural landlords.
In all these different areas, from land reform to log burners to lynx, there’s a huge amount of detail to digest as you weigh up the possible impacts and opportunities.
Our specialist Rural – Land & Business team are always on hand to tell you more.
Lyndsey White
Senior Associate, Rural - Land & Business lyndseywhite@lindsays.co.uk 01382 907306
Could ‘subject to sale’ stall your next move?
Many sellers are sacrificing higher prices in favour of a chain-free sale.
In the intense heat of the post-pandemic housing market, ‘subject to sale’ offers came to dominate the market in many parts of Scotland. These types of offers – where the buyer will not complete the purchase of the property until their other one is sold – were a useful tactic in the runaway market of the time.
However, now that the residential property market has stabilised into a more balanced and tradeable version of itself, these offers are turning out to be a false friend for many buyers and sellers. In some cases, they’re causing sellers to sacrifice thousands of pounds and buyers to miss out on a great move.
Time to move on
The attraction of ‘subject to sale’ offers for bidders post-lockdown was that they provided the guarantee of knowing where their next home would be before selling their current property – useful in a market where demand outstripped supply.
However, many buyers are now rejecting these offers – even when they’re by far the highest bid received – because they want a chain-free sale.
In one sale we saw, the winning bid was almost £20,000 lower than the highest offer which was subject to sale.
Bidders losing out
This was far from a one-off. Our estate agency teams are regularly seeing other sellers leave significant sums of money on the table by not accepting a subject to sale offer. They would rather accept a lower price than face the added complication of a lengthy chain and a wait for the buyer to complete.
Andrew Diamond
Partner, Head of Residential Property andrewdiamond@lindsays.co.uk 0131 656 5781
The lesson for bidders is therefore to be wary of making these offers in the current market because other bidders may get the pick of the properties – even if they make a lower offer.
Backlash is underway
We expect the use of these deal conditions to decrease in the coming months as buyers wake up to the fact that they’re being disadvantaged by it – and sellers increasingly opt for a chain-free sale.
If you are thinking of moving this year, it’s important to be aware that this ‘subject to sale’ backlash is likely to gain further momentum, and that making an offer of this kind could stand between you and your next move.
Recognising the talent in our team
Five of our solicitors recently made the step up to Partner, while another six lawyers have also been promoted.
Clare Wilson becomes a Partner in the Commercial Property team in Glasgow, having first joined Lindsays as a Trainee, while Daniel Gorry becomes a Partner in the Employment Law team in Glasgow, just a year after joining Lindsays.
Also stepping up into Partner roles are David Walker, previously our Risk and Compliance Director; Leanne Gordon in the Rural – Land & Business team; and Nicole Noble in Private Client, all Edinburgh-based. Managing Partner Alasdair Cummings said:
“Our latest promotions highlight our commitment to not only recruiting the right people, but offering them the opportunities to develop their careers with Lindsays. I’m delighted that we are able to recognise both their skills and commitment. Congratulations to them all.”
▲ Lindsays promotees in April 2024.
Top row left to right: Nicole Noble (Partner), Clare Wilson (Partner), Leanne Gordon (Partner), Rachel Holt (Senior Associate, Personal Injury), Kaman Au-Yeung (Associate, Commercial Property), Samantha Miller (Associate, Dispute Resolution and Litigation) and Scott Geekie (Director, Commercial Property).
Bottom row left to right: David Walker (Partner), Joanna Saigeon (Associate, Residential Property), Alasdair Cummings, (Managing Partner), Nina Taylor (Chair) and Daniel Gorry (Partner).
Alasdair Cummings
Managing Partner alasdaircummings@lindsays.co.uk 0131 656 5672
Summer sponsorship
From marking our first year in Perth to catching up with our long-term sponsored athlete, it’s been a busy summer.
Eilish McColgan on her
4th Olympics
Having sponsored Eilish since 2014, we were proud to be supporting her as she competed in Paris 2024, the first Scottish athlete (in the history of track and field) to reach four Olympics! She tells us a little about her experience there given the challenge she faced recovering from injury:
Did this fourth Olympics feel different?
It did feel a little different. Perhaps I was more appreciative of being there and realising what an achievement it is to make my fourth Games. It wasn't the Games performance I had dreamed of, but I'm incredibly proud to have stood on the start line after such a horrible year of injury.
ArTay
marks the first year in our Perth office
In the summer of 2023, we opened our first office in Perth, following our merger with legal firm Miller Hendry. One year on, we sponsored the ArTay exhibition of contemporary Scottish art at the Perth Festival of the Arts, as part of our work with the Perthshire community.
ArTay is a highlight of the annual Arts Festival, taking place in a pop-up tented gallery in the outdoor plaza of Perth Concert Hall.
Andrew Diamond, Partner and Head of our Perth office said: “ArTay is a tremendous showcase which represents so much of the vibrancy that, as a local firm, we see in and around Perth."
What are your best memories of Paris 2024?
Having spectators back in the stadium was pretty special. Because of Covid, Tokyo 2021, with its empty stands, didn't feel like an Olympics. There's a real buzz when you stand on the start line and hear 70,000 people cheering. To know my partner Michael, my mum and some of my family were in the stadium was also special.
What was your advice to first-time Olympians?
To soak up the atmosphere and take it all in. I don't think I've ever really acknowledged how incredible it is to be an Olympian. It's not something that many people get to experience - so people should enjoy the moment.
“We were delighted to play our part in it this year for the first time, as we celebrated
our first
year of supporting individuals, families and businesses from our own Perth office.”
Andrew Diamond Partner, Head of Residential Property and our Perth office andrewdiamond@lindsays.co.uk 0131 656 5781
Chequered Path
Rosyth Allotment by Stuart Moir.
Un hitched!
By bypassing tailored legal advice to keep things ‘simple’, divorcing couples can take themselves into complex territory.
When it comes to divorce, it’s generally helpful to have ‘kitchen table chats’ – i.e. where spouses constructively discuss arrangements for family and finances before having formal conversations with lawyers. However, there’s a big difference between having these chats and going the full DIY approach to drafting your own divorce.
From property to parenting, agreements that seem straightforward at the time can turn messy or expensive when people go it alone.
1
Property: Transferring your marital home and mortgage to one spouse may not be as easy as it seems, with the pitfalls including difficulties with the mortgage or slipups in the conveyancing processes for transfer of title. In addition, if the transfer cannot take place, one or both spouses may later regret the lack of a properly drawn-up fallback clause.
2
Financial settlements: It’s complex to determine what is - and isn’t - matrimonial property. We commonly see spouses in DIY divorces offering much more than they need to, or waiving their share of assets they’re entitled to. Even if amicable at the time, these ‘mistakes’ can later contribute to financial hardship or resentment, escalating into disputes or destabilising post-divorce relationships.
3
Pension sharing: This can be a legal and administrative minefield. Permission from pension providers is needed to do this, and some impose cumbersome rules and administrative costs. A registered Minute of Agreement and divorce decree are required before pension sharing clauses can be implemented, and couples can easily fall foul of rules or time limits.
4
Inheritance: Under Scotland’s Legal Rights arrangements, a separated spouse can potentially claim a hefty chunk of their wife or husband’s estate if they die before the divorce decree comes through – even if that person changed their Will to avoid this. If you don’t want this to happen, you’d need to talk to a solicitor about waiving these rights in a Minute of Agreement.
5
Children: Residence and childcare arrangements can seem ideal when you make them, but then prove to be unworkable as children grow up or people’s circumstances change – leading to legal issues or further family breakdown. Practical advice on how to futureproof these arrangements can save stress and expense.
Caroline Mackintosh
Partner, Family Law carolinemackintosh@lindsays.co.uk 01738 564744
Trusts & turns
New legislation on trusts and succession provides welcome modernisation, but also reinforces the importance of having a Will.
Stephen O'Hare
Associate, Private Client stephenohare@lindsays.co.uk 01738 577194
It’s extraordinary to think that, until recently, Scotland’s governing legislation on trusts and succession dated back over 100 years – to an Act passed in 1921, when many aspects of family, business and civic life were fundamentally different. It’s hardly surprising that many people thought an update was years (or decades) overdue.
The good news is that the Trusts and Succession (Scotland) Act 2024 brings in a more modern legal framework. Whilst many of the provisions are not yet in force, the Act addresses many points that were outdated or potentially unfair.
Key measures
As ever with anything involving trusts, much of the new 2024 Act relates to detailed technical points that may never affect your day-today life. This includes points on how trustees perform their roles, make decisions or are appointed.
On the other hand, the Act also has some measures that could affect families everywhere and others that you may have seen in media headlines. Here are five interesting takeaways:
The Act has changed the order of succession when someone dies without a Will.
1
Spouses (including separated spouses) now rank higher than previously and where there are no surviving children, may inherit the whole estate, ahead of blood relatives. This makes the case for making a Will stronger than ever; it also makes the need to deal with Legal Rights and other succession rights in a Separation Agreement even more important
The Act also changes the law on claims by unmarried, cohabitating partners, if their partner dies without a Will.
2
Cohabitating partners still have no automatic entitlement by law. However, under the new provisions, a cohabitee could now in some circumstances, and at the discretion of the Court, take the whole estate – and now have 12 months from date of death to make a claim, rather than six months. Again, another reason to provide clarity to your loved ones in a Will.
3
It will be easier for co-trustees to remove a trustee where they’re incapable or have been convicted of certain offences. Professional trustees can now be removed from office by a majority of non-professional trustees where they are no longer a member of a regulated profession.
4
Beneficiaries of a trust will have new rights around, for example, the information provided to them and the removal of a trustee.
5
Finally, in a change that relates to a notorious case, people convicted of murder or culpable homicide can now be prevented from acting as their victim’s executor.
Scan the QR code to view videos of our lawyers discussing related matters.
In conversation with our new Chair
Our new Chair Nina Taylor answers our questions about her role, the firm, and her life in and outwith law.
In April this year, Nina Taylor took up the role of Lindsays Chair, succeeding Peter Tweedie. Nina, a highly experienced Partner in our Family Law team, joined Lindsays as an Associate 11 years ago and has more than 30 years’ experience as a solicitor.
What is the role of chair at Lindsays?
Nina: There are some official duties such as chairing the partnership meetings and there’s an ambassadorial role, promoting the firm, its culture and ethos externally. I want people, such as clients and other professional advisers and so on, to understand who we are and what we can offer them.
as I felt it gave me the opportunity to specialise in a variety of fields if I chose to do so, and to work with individuals.
Why Lindsays - as a client and as a solicitor?
We are full service, so all clients’ needs are met under one umbrella and our solicitors work in a very collegiate way to ensure a holistic approach. Solicitors in individual departments are aware of their colleagues’ specialisms and when they can add value for their client. So, for instance, the Family Law team may identify issues when dealing with a separation for a client in the farming sector that requires specialist input from our Rural – Land and Business team and also our corporate team. It is reassuring for clients to know that all of their needs are being identified and met by specialist solicitors, without the need to go elsewhere.
Nina Taylor Chair ninataylor@lindsays.co.uk
0131 656 5788
What are your priorities as chair?
To do whatever I can to assist the Board and the wider firm in continuing a pattern of sustained growth; to promote diversity and inclusion across the firm; and to promote a firm-wide culture and ethos, without geographical barriers, against a background where we have offices across Scotland and many colleagues working from home.
Why did you become a solicitor?
I considered other careers but decided that Law would be an interesting degree and would open up a number of different doors. I became a solicitor
And as a solicitor, it is a genuinely pleasant place to work with an emphasis on a work-life balance and collaborative working practices, recognising and rewarding hard work and a non-blame culture.
What’s your proudest moment at Lindsays?
Back in 2016, we won Family Law Team of the year at the Scottish Legal Awards and then on the same night we also won Firm of the Year. I was also proud that Lindsays marked our 200th anniversary by promoting and encouraging charitable causes and volunteering throughout the whole year, and beyond.
How do you spend your time away from work
I’m a trustee of an excellent Edinburgh charity called Bright Light, which provides relationship counselling. I’m very interested in art, especially contemporary Scottish art, and have friends who are trained artists, so I try to support their work. And I see music whenever I can, anything from indie to jazz.
If you’re considering a personal injury claim, your chances of obtaining the compensation you deserve will be much enhanced if you know the answers to some basic questions.
These answers may also help you decide whether to make the claim in the first place, and then give you the confidence and signposting to navigate the process. Having the support of an experienced PI solicitor will also strengthen your position.
Are there time limits for a claim?
In Scotland, the typical time limit is three years from the date of the injury, or the date you first became aware of your injury or that the other party may have been at fault.
What evidence do I need?
Firstly, keep all relevant records, including medical reports, photographs of injuries/location, and any correspondence related to the incident. If your claim relates to an accident at work, complete and retain an incident report. Secondly, retain all documents proving financial losses incurred, such as medical bills, lost wages and all other losses.
David Armstrong Partner, Head of Personal Injury
davidarmstrong@lindsays.co.uk
0141 302 8466
& Q A without pain PI
What should I do about medical treatment?
Seek medical attention as soon as possible after the injury – not just to get the treatment you need but to provide a contemporaneous medical record of your injury. After that, be sure to attend all follow-up appointments and adhere to medical advice as this will support the legitimacy of your claim.
What compensation can I get?
Any damages you receive will reflect the extent of the pain you have endured and the inconvenience to you in both the past and the future. You are also entitled to recover your financial losses, such as medical expenses, travel costs, and loss of earnings. Compensation may also include future medical costs and loss of future earnings if the injury affects your ability to work and function long-term.
How much will it cost?
There are many different cost/fee structures available, and your solicitor will discuss with you the one most suitable for you. It’s also possible to get After the Event insurance to cover your legal costs and expenses if you lose the case.
Investing in the future
This summer, we’ve welcomed new colleagues at all levels of experience, from trainee solicitors to a new partner. They’re all important additions to the firm.
In August, eight new trainee solicitors joined Lindsays, and we look forward to supporting them in their legal careers.
Based across our Edinburgh, Glasgow, Dundee and Perth offices, each trainee will work across a number of areas of law over the next two years.
Welcoming the trainees to Lindsays, our Chair Nina Taylor offered her own advice for anyone embarking on their legal career: "One thing I’ve learned in my years at Lindsays is that people are always willing to help – it’s part of the collegiate and approachable culture we have here.
If you have questions or want advice about work or even non-work issues, don’t be reticent about asking.”
Senior appointments
As part of our continuing investment in people and the growth of the firm, we have also welcomed new colleagues in our Family Law and Private Client teams, adding to our ability to get the best outcomes for individuals and families.
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Our new trainees who started in August 2024. From left to right: Rebecca Nally, Evie Campbell, Kirstie Cameron, Summer Meekison, Kara Valentine, Cheryl McDonald, Kathryn Short and Rachel Lind.
"One thing I’ve learned in my years at Lindsays is that people are always willing to help – it’s part of the collegiate and approachable culture we have here.
Caroline Mackintosh is a Partner in our Family Law team, based in our Perth office. Caroline is trained in collaborative law and advises on all aspects of family and child law, including divorce, cohabitation, prenuptial and postnuptial agreements and adoption.
Doran Mitchell has joined our Edinburgh office, as a Director in our growing Private Client group. Doran advises on key issues, including Wills, Trusts, Executries, succession planning and inheritance planning.
Caroline Mackintosh
Doran Mitchell
GAMING SUCCESS GOES
6
Seven key points to consider if you want to be big in video games.
There is an excellent exhibition running until 3 November 2024 at the National Museum of Scotland, called Game On. If you can tear yourself away from the 100 playable games there, you’ll see the huge role that Scottish game developers have played in global phenomena like Lemmings, Grand Theft Auto and Minecraft.
For any developer looking to replicate their success, your prospects will be brighter if you know how to commercialise and protect your games, and its underlying intellectual property (IP). Here are seven key areas to focus on.
1 Intellectual property: It's essential to know who owns (and be able to evidence who owns) the IP in any video game and then protect it rigorously, looking at copyright (including source code, art assets, music, sound and ingame text) and trademarks (including logos, game names and company name). Take legal advice on the licences or contracts for everything involved. Get a solid platform from the start!
2 Confidentiality: Whoever you share your ideas with, insist on confidentiality, using non-disclosure agreements and confidentiality clauses in contracts. This is essential – even with friends – for protecting your ideas. It’s a business norm, and third parties will expect to sign up to these.
3
Paperwork: Agreements with third parties and consultants should be made contractual and seek legal advice on all contracts since mistakes can be tricky to correct when you have a successful game beta. Even with noncontractual decisions, keep an email paper trail of what you agree. Don’t rely on verbal agreements or vague contractual arrangements.
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Added extras: Even at the early development stages, there are other legal and reputational issues to consider – such as gambling law (if your game has loot boxes), and your data protection, privacy, and online safety obligations to players in different jurisdictions. These are complex areas and early legal advice should be taken. Investors will expect solid contractual arrangements to be in place.
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Route to market: It’s never too early to think about this and scope out your options – for example, whether you want to sign up to a platform such as Steam or want a more bespoke approach. Take legal advice on all relevant contracts.
Expansion: If you take on staff, get up to speed on your obligations as an employer, for example right to work checks and paying minimum wage. Make sure you have suitable contracts of employment in place which include robust IP ownership and non-compete/ non solicitation provisions.
7 Help: Initiatives such as the Dare Academy (which Lindsays is proud to sponsor and provide mentorship to the teams) offer prizes and wide industry exposure. Given all the above, it is worth looking out for these.
Alastair Smith
Director, Corporate alastairsmith@lindsays.co.uk 0131 656 5633
Seán McEntee
Solicitor, Employment seanmcentee@lindsays.co.uk 0131 656 5671
Edinburgh
Caledonian Exchange 19a Canning Street
Edinburgh EH3 8HE
0131 229 1212 edinburgh@lindsays.co.uk
Glasgow 100 Queen Street
Glasgow G1 3DN
0141 221 6551 glasgow@lindsays.co.uk
Perth 10 Blackfriars Street
Perth PH1 5NS
01738 637311 perth@lindsays.co.uk
Dundee
Seabraes House 18 Greenmarket
Dundee DD1 4QB
01382 224112
dundee@lindsays.co.uk
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01764 655151 crieff@lindsays.co.uk