Thomas McFarlane
Edinburgh
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Articles by Thomas McFarlane
Avoiding Disputes Under The Sale Of Goods Act 1979: Practical Guidance For Rural Businesses In Scotland
Thomas McFarlane’s articles from Shepherd and Wedderburn LLP are most popular: within Consumer Protection topic(s) Shepherd and Wedderburn LLP are most popular: in United Kingdom From livestock sales and second-hand machinery to feed, fertiliser and estate supplies, rural businesses across Scotland trade goods every day under pressure and often on trust. Most transactions involving individual consumers purchasing goods or services from a business are governed by the Consumer Rights Act 2015.
Avoiding Disputes Under The Sale Of Goods Act 1979: Key Contract Terms And Remedies That Every Business Should Know
Thomas McFarlane’s articles from Shepherd and Wedderburn LLP are most popular: with readers working within the Utilities industries Most transactions involving individual consumers purchasing goods or services from a business are governed by the Consumer Rights Act 2015. However, where both parties are acting in the course of a business, transactions involving goods are still governed primarily by the Sales of Goods Act 1979.
Cancelling Missives In Scotland: What Buyers And Sellers Need To Know Before Walking Away
Shepherd and Wedderburn LLP are most popular: in United Kingdom Sometimes, after two parties have signed a contract for sale of heritable property in Scotland, one of them wishes to pull out. That party might be legally entitled to do so, but in many cases, especially where someone has simply changed their mind, they can face legal claims.
The Parable Of The Prodigal Son; And The Pitched Battle Between The Presumption Against Donation Versus The Presumption Of Gift Ex Pietate
We examine a recent Glasgow Sheriff Court decision concerning a £70,000 payment from father to son and whether that should be treated as a gift, or a repayable loan.
Finance and Banking
In this article, we consider what an action of accounting entails, who can raise such an action and why they can be a powerful remedy for dissatisfied beneficiaries.
Cohabitant Couples' Rights On Death - Claims On Intestacy Under Section 29 Of The Family Law (Scotland) Act 2006
When might a cohabitee have a claim for financial provision on the death of their partner under section 29 of the Family Law (Scotland) Act 2006? Cohabiting couples who are not married or in a civil partnership have no automatic succession rights in Scotland.
The Crucial Role Of Credible And Reliable Witnesses In Forged Will Claims
We examine the recent Court of Session judgment of Lord Woolman in Lee Donald Barclay v Thorntons Trustees Limited and Others[2024] CSOH 18and consider the evidential challenges that commonly arise in cases where a will is alleged to have been forged.
The crucial role of credible and reliable witnesses in forged will claims
In this article we examine the recent Court of Session judgment of Lord Woolman in Lee Donald Barclay v Thorntons Trustees Limited and Others [2024] CSOH 18and consider the evidential challenges that commonly arise in cases where a will is alleged to have been forged, including the importance of obtaining credible and reliable witness evidence. Background William Barclay had been seriously unwell for some time prior to his death on 3 June 2018.
When The Levee Breaks: The Statutory Right To Compensation Under The Flood Risk Management (Scotland) Act 2009 - Professional Negligence - UK
There are limited circumstances in which there may be a claim against SEPA or a local authority for compensation in relation to flood risk prevention and management operations.
When the levee breaks: the statutory right to compensation under the Flood Risk Management (Scotland) Act 2009
In some very limited circumstances, where the value of a person's interest in land has been depreciated (or a person has been disturbed in their enjoyment of land) as a direct consequence of actions taken by the Scottish Environment Protection Agency (“SEPA”) or Local Authorities in relation to flood risk prevention and management operations, there may be a statutory right to compensation.
"Willie's Law" - Testing Times For Capacity In Scotland? - Food and Drugs Law - UK
Before William Johnston died, he signed away over £425,000 to his business partner. However, his family claimed that he did not have capacity to sign the legal documents and are calling for an introduction of "Willie's Law". The law would require a medical professional to co-sign legal documents of vulnerable people to prove they had legal capacity. But what is the current position in relation to legal capacity in Scotland and what would change if "Willie's Law" was enacted?
“Willie’s Law” - testing times for capacity in Scotland?
Before William Johnston died, he signed away over £425,000 to his business partner. However, his family claimed that he did not have capacity to sign the legal documents and are calling for an introduction of “Willie’s Law”. The law would require a medical professional to co-sign legal documents of vulnerable people to prove they had legal capacity. But what is the current position in relation to legal capacity in Scotland and what would change if “Willie’s Law” was enacted?
Liability After Death? When Can Executors Distribute The Estate Of A Deceased Underwriting Member Of Lloyd's Of London (A
In October 2022, the Inner House of the Court of Session released its decision in a petition by the executors of Sir Peter Hutchison ("the Deceased"), who died in 2019 and was domiciled in Scotland. The case dealt with the question of liability in the distribution of the estate of a deceased underwriting member of Lloyd's of London (a "Name"). The Executors had already paid all debts and made distributions of legacies and bequests in relation to the Deceased's estate.
The Rocky Road To Remove Executors Or Trustees In Scotland - Inheritance Tax - UK
Executor are crucial when it comes to managing a deceased's estate. Executors are responsible for investigating the extent of the deceased's estate; realising the same (including applying for Confirmation if necessary); settling all debts and liabilities due (including any inheritance tax) and thereafter distributing the estate in line with the deceased's will (if there is one) and the law.
When is the nearest relative not the 'nearest relative?'
In the recent case of Renfrewshire Council, Applicant 2022 S.L.T. (Sh Ct) 250, the court ordered that none of the three feuding sisters should exercise the functions of ‘nearest relative’ during the period of their mother, HS’s, Guardianship Order. This article examines the issues of this particular case and highlights the importance of having a Power of Attorney in place. Adults with incapacity Loss of capacity in adults can take various forms.
Clinical Pharmacy Services in Ambulatory Oncology: An Environmental Scan of the Canadian Practice Landscape
Abstract Background: Canadian clinical pharmacy key performance indicators (cpKPIs) have been developed for inpatient hospital practice but are not established for ambulatory oncology. This study represents the first step in developing cpKPIs for ambulatory oncology. Objectives: To describe the current landscape of pharmacy services in ambulatory oncology in Canada and to identify perspectives related to the development and implementation of cpKPIs in this practice setting.
Real-world effectiveness of nivolumab in patients with non-small-cell lung cancer: a systematic review and meta-analysis
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Lenvatinib Versus Sorafenib as First‐Line Treatment of Unresectable Hepatocellular Carcinoma: A Cost-Utility Analysis
Introduction Hepatocellular carcinoma (HCC) is the most prevalent type of primary liver cancer, which is predicted to be the sixth most commonly diagnosed cancer and the fourth leading cause of cancer‐related deaths worldwide 1. It is estimated that 70%–90% of patients with HCC have chronic liver disease and cirrhosis, which limits the feasibility of surgical procedures in advanced cases 2, 3.
Gender-Affirming Hormone Therapy and the Risk of Tumors
close Please confirm that you would like to log out of Medscape. If you log out, you will be required to enter your username and password the next time you visit. Log out Cancel In This Article Abstract and Introduction Abstract Background: Cancers are a leading cause of death worldwide, and transgender individuals are no exception. The effects of gender-affirming hormone therapy (GAHT) on sex hormone-dependent tumours are unclear.
Cost‐Effectiveness of Nivolumab in Recurrent Metastatic Head and Neck Squamous Cell Carcinoma
Treatment options for patients with platinum?refractory, recurrent, metastatic head and neck squamous cell carcinoma (r/m HNSCC) are limited and prognosis is poor. The recent CheckMate 141 clinical trial demonstrated that nivolumab, an anti?programmed cell death protein 1 monoclonal antibody, was efficacious in extending the median overall survival (OS) in this patient population compared with standard therapies.
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