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At BBM we exist solely for the benefit of our clients. We succeed when we make our clients happy - And we do that by building a close relationship; by managing their legal risks and resolving their legal headaches.

BBM Solicitors News & Updates

The latest insolvency, commercial property, employment law, corporate law and legal news from BBM Solicitors

Voluntary Land Registration

BBM’s Conveyancing Team recently had discussions with Registers of Scotland at the local Caithness County Show. One of the main topics of conversation was ‘Voluntary Land Registration’ and its benefits. For those readers who do not know what Voluntary Land Registration is, it is simply a method for property owners to voluntarily apply to have their title moved from the old ‘Sasine Register’ to the new ‘Land Register’. This blog sets out to compare the difference between the Sasine Register and the new Land Register prior to explaining in more detail the potential benefits Voluntary Land Registration may have for you.

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NHS Discount

BBM Solicitors is delighted to be able to offer to all NHS staff and members of their household a 10% discount off all our standard fees rates (excluding disbursements) for all matters and a 50% discount on the cost of drafting a basic Will.
 
If you would like to make use of this offer just call our Wick office on 01955 604188 or our Edinburgh Office on 0131 5263280 offer and quote “NHS Discount” when booking.

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ATE Policies: Not Always Straightforward!

Background

One decision by Lady Wolffe that readers may have missed over the summer is her note in the case of Centenary 6 Limited v The Joint Liquidators of Centenary Holdings III Limited. In summary, a shareholder and contributory was attempting to sue the joint liquidators for £22,000,000 under section 212 of the Insolvency Act 1986. The court accepted that “there was reason to believe that the noter [Centenary 6 Ltd] would be unable to pay the [joint liquidators’] expenses” if they were successful and ordered caution in the sum of £100,000.

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Data Protection Changes

Background

New changes are afoot in relation to data protection. The changes will be contained within a new regulation called the General Data Protection Regulation (the ‘GDPR’). The GDPR is set to apply throughout Europe and it is anticipated to take effect from 25th May 2018. With Brexit negotiations still underway, you may be wondering whether GDRP will apply to the UK. The answer is yes, they will apply. As the UK will still be part of Europe by the time the regulations have effect in May 2018, UK businesses will need to comply with the GDPR changes.

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IP Briefing: Decision of Sheriff Reid in the case of Gordon Chalmers (as Trustee in Sequestration of the late Colin Machin) v Maria Jennifer Machin

The Factual Background / Arguments

In May 2009, the Defender, Maria Machin (MM) and her late husband, Colin Machin (CM) purchased a flat, the title to which was taken in joint names “equally between them and to the survivor of them”. CM died on 25 June 2014 and title automatically passed to MM by virtue of the special destination. MM, as CM’s executor, was unable to wind up CM’s estate because it is alleged that he was insolvent at the date of his death. Over two years after the date of death, MM applied for sequestration of CM’s estate and the Pursuer was appointed as trustee of the deceased’s sequestrated estate. The trustee has now raised proceedings against MM for the sum of £26,998 being the alleged value, as at the date of CC’s death, of his one half share of the flat. This was said to be less than the total debt owed by CC which amounted to almost £50,000. MM defended the action on the basis that CM’s share of the property vested automatically in her when he died by virtue of the survivorship destination and as such, it did not form part of CM’s estate as at the date of death (or in the two years that followed prior to the trustee being appointed). MM also denied that the she had any personal liability for her late husband’s debts (and disputed the extent of them).

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