Preserving 'Retention of Title' Rights Over Products Sold On Credit

Many businesses supply goods on credit subject to 'retention of title' provisions in their sales agreements. This article discusses the effect of the Personal Property Securities Act 2009 registration system (effective 30 January 2012) on the enforceability of such provisions.

What is a 'retention of title' provision?

In normal circumstances, title (more commonly referred to as ownership) in relation to goods sold passes to the buyer immediately. A typical transaction might take place in a shop, involving the exchange of money for a product, with the buyer becoming the owner of that product when the money has been given to the shop assistant.

Even if payment is not made immediately, contract law says that in most circumstances the buyer becomes the owner of a product when the agreement for sale is made. From the seller's perspective, ownership of the product is replaced by a debt owed to the seller by the buyer.

However, an agreement for sale can include a provision whereby the seller retains ownership until the agreed price for the product has been paid in full.

Are 'retention of title' provisions still effective?

Prior to 30 January 2012, such provisions were generally effective against other creditors of the buyer, subject to the agreement being proved... ie, subject to the seller having evidence of the arrangement. It is important to note that such provisions were not generally effective against a subsequent purchaser in good faith, such as where the initial buyer fraudulently on-sold the product to an innocent third party.

Now, from 30 January 2012, retention of title provisions can also be defeated by another creditor of the buyer, where that creditor registers their interest on the Personal Property Securities Register (the PPSR).

For example, you may sell a product on the basis that you retain title until payment has been made in full. The buyer takes possession of the product and takes it to their office. The next day the buyer enters into a credit agreement with a finance company, giving that company security over all of the assets of the buyer's business. The finance company registers a financing statement on the PPSR. A few weeks later the buyer's business goes into liquidation. According to the PPSR and the Act, the finance company is entitled to priority in relation to the product, and may therefore have possession of it... your 'retention of title' provision becomes worthless.

If you had registered your own interest in the product on the PPSR (within 15 days of the sale) that would have 'perfected' your security interest. The finance company's interest would then have been secondary to yours, and upon the buyer going into liquidation you would most likely have been able to recover your product from the liquidator.

What is a financing statement?

This is a standard form document described in section 153(1) of the Personal Property Securities Act 2009, that includes the following information:

- Details of the secured party (eg, the seller)

- Details of the grantor (eg, the buyer)

- The secured party's address for notices, and any relevant 'identifier'

- Description of the collateral (eg, the product supplied) and proceeds

- The date when the registration ends

- Indication of subordination... where some other interest has priority

- Whether the secured party's interest is a 'purchase money security interest'

- Other details prescribed in the Personal Property Securities Regulations 2010

What about products sold subject to 'retention of title' before 30 January 2012?

Section 322 of the Act provides that a security interest arising from a 'transitional security agreement' - eg, an agreement which was in force before 30 January 2012 in relation to collateral - is perfected without registration for up to 24 months.

However, as a transitional security interest is not recorded on the PPSR, it will not show up in a search of the PPSR. This raises the possibility of a liquidator selling or disposing of secured property because he or she is unaware of a relevant security interest. Recoverability of that property will then depend on whether the transitional security agreement complies with the Act's requirements in relation to signature/acceptance of the agreement and description of the collateral. The right to recover some items, such as inventory, may be lost once those items have been sold or disposed of by a liquidator.

Although this new regime addresses many shortcomings of the previous state laws, failure to perfect title by registration on the PPSR may now have disastrous consequences for a seller or lender. In particular, professional advice should be sought where it is intended to rely on the transitional arrangements in relation to significant transactions.

Stephen Bourne is a lawyer in Australia (see profile ), and also contributes articles and case summaries to the Ekupu Law Library website. Stephen has law and business qualifications, and is a Fellow of the Australian and New Zealand Institute of Insurance and Finance.

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How to Answer a New Zealand Bill of Rights Act Discrimination Problem Question

The issue is whether [facts] constitute discrimination against [person] under s 19 of BORA.

Section 19 is designed to ensure people are not treated differently unfairly, a core feature of a society based on democracy and freedom where each individual is valued as a person, worthy of dignity and respect.

The NZ Courts (Northern Regional Health Authority) have adopted a two-step approach to analyzing s 19, firstly establishing a prima facie breach of s 19 and then adopting a s 5 analysis to see if the breach is justified.

Law v Canada adopts an alternative 'purpose' approach, I will not follow that as the New Zealand HC in Atkinson distinguished that approach as (a) BORA has no guarantee of equality analogous to s 15(1) of the Canadian Charter (b) S 20L(2) of the HRA indicates a two step approach (c) S 21 of the HRA does not indicate any evaluative process However, the contextual factor discussion in Law and it's focus on dignity forms part of the s 5 analysis.

STEP 1 - IS IT DISCRIMINATION UNDER S19?

"Differential Treatment..."

In order to find Prima Facie discrimination under s 19 [person] must first establish a differential treatment or effect, that is either;

• A formal distinction based on a personal characteristic.
• A failure to take into account an existing disadvantage which has the effect of differential treatment.

Differential treatment must be identified as compared to finding a similarly situated comparator group. (Wilson, affirmed in NZ in NRHA). NOTE Natural starting point is that the claimants view is not always sufficient. The Court can't invent a group but can refine Law.

Therefore this reg/act has the effect of differential treatment.

"...on a prohibited ground..."

By virtue of BORA s 19(1) any ground of discrimination in the Human Rights Act 1993 is a prohibited ground. This reg/act discriminates on the ground of HRA s?? as [APPLICATION] NOTE INDIRECT s 65 - NHRA affirmed that broad approach required focusing on effect.

"...that disadvantages the complainant..."

This not limited to the motive but is a discriminatory impact, NHRA. Law v Canada places an emphasis on substantive discrimination based on the concept of dignity. CONTEXTUAL FACTORS - Law (a) Pre-existing disadvantage, incl stereotyping (if furthering stereotype enough for prima facie) (b) Historic disadvantage - important but not determinative, no presumption diff treatment is discriminatory (c) Don't need to establish a sociologically recognized group (d) No presumption that diff treatment is discrimination (e) Not disadvantaging if advantaging another group and if you are more advantaged relatively.

Positive Discrimination - Hugo Cannot achieve the goal of a fair society by insisting on equal treatment Look at policy considerations Can't complain not given an advantage to which you have no right

Dissent - Kriegler J Need to be based on factual circumstances not conjecture Blunt axe approach not appropriate Can serve to increase discrimination by reinforcing stereotypes

[Name] has been disadvantaged in that [App]

STEP 2 - LIMIT ON RIGHTS JUSTIFIED UNDER S 5?

The most recent and authoritative statement on s 5 is the modified Oakes test enumerated by Tipping J in Hansen. Tipping J notes that Parliament must be afforded a 'margin of appreciation' which will vary according to context.

Administrators have an understanding of issues Courts can't achieve, (Atkinson).

OAKES TEST

1. Does the limiting measure serve a purpose sufficiently important to justify curtailment of the right or freedom? (Threshold Issue)

McGrath J describes these as concerns that are pressing and substantial in a free and democratic society, Hansen This approach mirrors the 'good reason' in NHRA. APPLICATION Good reason- Reasonableness, not just economic necessity. Body must justify themselves Genuine need NHRA

2. (i) is the limiting measure rationally connected with its purpose? (Threshold issue)

(ii) does the limiting measure impair the right or freedom as little as possible? (Proportionality issue)

(iii) is the limit proportional to the importance of the objective? (Proportionality issue)

Conclusion

For a Regulation

In Drew the Courts invoked the presumption of consistency in finding that an empowering legislation implied that any regulation made under it must be consistent with BORA. I believe that this principle is likely to be applied here and the Courts would find [reg] ultra vires of [statute] and thus having no legal effect.

Or, for a Statute

Apply Hansen

Is there another meaning available on the language of the text? s6 of NZBORA

If not, then apply s 4.

This workshop was produced by Arthur Denning at Law Notes New Zealand

If you would like to learn more please visit http://www.lawnotes.co.nz/

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Your Legal Rights: Are You Scared Silly About Accessing Legal Rights Advice?

There are many reasons people may be scared silly about getting legal rights advice from an attorney. Here are just a few:

· You have to check your bank balance before you obtain any legal advice from an actual attorney...or...you fear the entire process is cost-prohibitive so you're fear results in taking inappropriate or NO action.

· You don't know the right questions to ask an attorney...Or...you're concerned that you won't understand the legal jargon you receive.

· You are scared silly that the attorney will learn that you are doing something illegal and...maybe you'll get turned into the court system.

· You just don't want to deal with the situation, hoping it will 'go away'.

So, why are YOU scared about getting legal advice?

With the economic concerns and instability of jobs these days, I can see how you might not want to find out your legal rights before you know if you can afford them. Attorneys generally charge hundreds of dollars an hour for their services. Then, there's usually a retainer fee for the attorney to get started on your case. Wouldn't it be beneficial to you to NOT have to check your bank balance whenever you needed legal rights advice or legal help?

Listen, you know how to explain your situation to a friend, but you question your ability to have the right words to address an attorney. Reminder: attorneys are people, too, and if you can explain your legal concerns to someone else, you can explain it to an attorney. Attorneys have talk to many people of many different backgrounds every day and certainly they can understand you. They also can speak clearly and take the time to explain terms regarding your legal questions or concerns.

As far as asking the correct questions, as long as you tell attorneys about your situation fully, you can ask them which questions you should ask (in court, mediation session, or whatever the case may be). You can ask them to explain things in another way if you don't understand the way they presented it. Attorneys really are trying to help, and are not as scary as you may think they are.

If there's something illegal in your past, you could either talk to an attorney about whether it would be good to discuss it with them or not before telling them details, or you could leave it out of the conversation. If it has nothing to do with the task at hand, it may be better to talk about it another time anyway. Just focus on why you need to talk to the attorney now.

Many people have negative situations in life with which they just don't want to handle. It's understandable if talking to an attorney gives you hives or makes you nervous just thinking about it. However, the situation is probably not going to go away just because you don't want to deal with it. Chances are, the longer you put off the situation, the harder the situation will be to deal with. That's generally how it works with procrastination; yet, if you take care of it promptly, you'll feel much better and it won't be consuming your life like it may be.

There are many reasons people don't look for legal help. However, there are many solutions that can truly help and make it easy to talk to an attorney any time. A solution could be to ask an attorney about your situation and find out how easy it can be. There are many options for attorneys or legal services that can help in any situation or location.

Lisa Starr is an Independent Legal Consultant who is committed to helping individuals obtain access to high quality, cost-effective legal services for themselves and their families. There are even affordable small business solutions. For further information about the Best legal options today on how to get all the legal rights advice to protect every member of your family, visit her website and pick up your Free Report immediately!

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Your Miranda Rights: When and How to Use Them

Most anyone who watches television has heard a Miranda warning being given and a large percentage of the population is able to recite the Miranda warning by heart:

"You have the right to remain silent. Should you give up that right, anything you say may be used against you in a Court of law. You have the right to an attorney. Should you be unable to afford an attorney, one will be provided at no cost to you."

However, do you know why you have these rights and how or when to exercise them? As it turns out, very few people do.

Miranda v Arizona

In 1963, Ernesto Miranda was convicted of kidnapping and rape, after signing a written confession. The Supreme Court of Arizona upheld Miranda's conviction. In 1966, the U.S. Supreme Court reversed that decision and held that the typed-in paragraph at the top of Miranda's signed confession stating that he made it with full knowledge of his legal rights was not sufficient to show that he made a knowing and intelligent waiver of his Constitutional rights.

In this landmark decision, the Court stated that an individual, "must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has a right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires." Hence, the "Miranda warning" was born.

When and How to Exercise your Miranda Rights

Your right to remain silent always exists and you do not need to wait until you have been advised of your Miranda rights in order to exercise them. Before you have been advised of your Miranda rights, you may exercise them by advising the officer(s) that you do not wish to speak with him/her/them and hanging up the phone, shutting the door, or leaving the police station. After you have been advised of your Miranda rights, you may exercise them by advising the officer(s) that you have nothing further to say, and wish to speak with an attorney.

When you ask for an attorney, you must do so in a very precise way. Use no uncertain terms. "I have nothing further to say until I speak with my attorney" is a clear way of exercising this right. "Do you think I need a lawyer?" is not.

The rights to remain silent and to have an attorney represent you are rights that every American should know how they got and how to exercise. These rights are here to protect you and you should know how to avail yourself of them should the need ever arise.

Shelley is a paralegal and freelance writer. She and owns http://www.virtuallylegal.net/ where she writes about the law, our rights as citizens, and Indiana law.

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You Should Know Your Legal Rights Following an Auto Accident

Have you been injured originating from a car or traffic accident? If you have, then calling a knowledgeable auto accident lawyer is the first thing that you need to do. Accident victims have rights. Basically, the aim of filing a personal injury claim for any car accident injury is to get you back into the shape that you would have been in the event the accident had never happened. This means that you should be capable to reinstate your physical and mental health and also your financial health to its former state. Your claim can also seek to restore your vehicle as well as any personal property that which was damaged in the accident.

Avoiding Getting Railroaded by Big Insurance Companies

Knowing your rights as an accident victim is important because the large insurance firms that represent the at-fault party have got a reputation for railroading the victim whenever feasible. These insurance firms realize that the victims with personal injuries due to vehicle accidents often do not have much cash, especially when their injuries have kept them from working. If there is no cash coming in then medical bills and also other expenses can accumulate. This could help make the settlement that they are offering look very attractive. Your car accident lawyer is able to assist you to comprehend the offer to settle, and will also make it easier to ascertain if, determined by damages as well as your injuries, you should accept the offer.

Your rights following a car accident include:

- The right to get your car repaired and returned to the condition that it was in prior to the accident.

- The right to the fair market replacement price of your automobile if the damage is established as being a total loss.

- The right to be reimbursed for losing the utilization of your vehicle while it's being repaired. This generally means that the insurer of the driver that's responsible will cover your car rental.

- The right to be given money for any property that has been destroyed or damaged due to the accident, including glasses, clothing, tools and much more.

- The right to be paid for any loss of income or any other money that you would have received in the event the accident had never happened.

- The right to exceptional care by competent physicians without having to pay anything out of your own pocket.

- The right to be reimbursed for the cost of driving back and forth from any medical appointments.

- The right to be compensated for any physical injuries, mental stress and emotional stress that the accident causes. For instance, if you develop anxiety about driving a car or truck, it's considered mental stress, and you should receive compensation for this.

- The right for a fair settlement for any handicaps or permanent conditions that your accident has caused.

- The right to keep the damaged automobile if you'd like to do so.

- The right to recoup any towing and storage fees for your motor vehicle.

- The right to be compensated for the pain and suffering that this accident has caused.

- The right to be reimbursed beforehand for your future health care or long term care.

Contact your auto accident lawyer right after your automobile accident in order to preserve your rights.

Are you looking for a great Sacramento auto accident attorney and need to find one right away? Call Clancey, Doyle and O'Donnell at 1-800-632-5529. They will give you the representation of a skilled professional Sacramento accident attorney to help you out.

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Your Legal Rights Following A Road Traffic Accident

Being in a car accident can be a traumatic and stressful experience. You could suffer injuries, such as back or neck problems, and you might even have some broken bones. The emotional impact of a traffic accident can be a painful experience as well. Therefore, it is important that you be aware of your rights following an accident.

If you were in a car accident that was not your fault, you can sue for damages that occur as a result of the accident. In addition to your injuries, you might miss time at work and have costly medical bills. You should immediately talk to a qualified personal injury lawyer to discuss your options.

Immediately following the accident, you should call the police so they can file a report. Your attorney will need this report if you decide to sue. If you think you might be injured, you should call for medical attention or get to the hospital. Make sure you keep records of any medical treatment that you receive. Keep all of your receipts and document the days that you missed work. Your lawyer needs documentation, so he can put a monetary value on the lawsuit. You will want the compensation you receive to cover any medical expenses, as well as loss of income as a result of your injuries.

It is probably not a good idea to discuss the accident with the other driver until the police arrive. Do not admit that the accident was your fault because you could incriminate yourself. If you have a camera or phone, take pictures of the accident and road conditions.

When you win your lawsuit, your compensation should cover any financial hardships; however, it will not cover the cost to repair your vehicle. Therefore, you will need to contact your insurance company to get your car repaired.

Having a traffic accident can have a lasting impact on your life. You want to make sure that you get the compensation that you deserve, so you can move on with your life. A solicitor can help you know if you should pursue your case. The other party might want to settle out of court, and a lawyer will assist you in that process. Therefore, know your rights, so you can receive the justice that you deserve. In cases such as these it is important to use a solicitor with experience in this particular aspect of the law.

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Employment Discrimination - Know Your Rights

Unfortunately employment discrimination is real and if you are unfamiliar with your rights as a worker, than it's much easier for you to be discriminated against for a variety of reasons. Federal and State statutes are in place to protect you from these unjust causes for discrimination and provide you with the peace of mind deserved by everyone. There are three types of discrimination discussed in this article: before the hire, during employment, and after termination.

Prior to being hired, it's likely that you filled out an application. On said application there is a statement which alludes to you not being discriminated against based on several things. Most people are aware of this generally, but fine-print-wise it helps to be more specifically familiar with the application you're signing. After all, it counts as a legal document. For instance, you cannot be discriminated against during the hiring process based on your sex, color, nation of origin, age, or religion. Any violations in this area constitute a violation of the Federal Civil Rights Act of 1964 and/or the Age Discrimination in Employment Act of 1967 and you have just cause to fight it.

Once you've been hired, the laws are still the same and you cannot be fired for reasons outlined in the Civil Rights Act. Also, it helps to be familiar with State level regulations as well because they can vary. The main thing to be familiar with once hired, though, is the employee handbook. This set of documents protects not only the company but you specifically from being treated poorly or exploited. Contained in the handbook, in addition to general state and federal regulations, are rules that state how much sick and vacation time an employee is entitled to, excuses for military service and jury duty, compensatory time, and so forth. Being completely familiar with the handbook is the best way to protect yourself from unfair treatment during your employment.

In the unfortunate event that your employment has been terminated, it helps to know your rights to ascertain whether or not you've been fired for unjust causes. If so, you may be entitled to recompense in the form of rehiring, promotion, legal fees, and so forth. If it's been determined that you've been fired on the basis of discrimination, such as pregnancy, and in some cases sexual orientation, hiring an experienced attorney is the best way to make sure you receive what you're entitled to.

Everyone deserves a fair and just work environment. If your rights are violated at any point during the hiring process or employment, or after being terminated, you are provided certain guarantees that protect you from loss of money and general suffering. No employer has the right to exploit you and if you feel that this is happening, contact an attorney to be guaranteed the protection afforded by our legal process.

This article was written by Roger Brent Hatcher, an attorney at Smith, Gilliam, Williams & Miles, a leading Atlanta Law Firm since 1928.

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What Rights do Leaseholders Have to Leasehold Extension?

Leaseholders can get an extension if they qualify for the legal right to do so. The legislation of the Leasehold Reform Act (1993) governs these criteria and enables an extension of up to 90 years.

The leaseholder should initially have the flat on what is termed as a long lease. That means it must have been granted for at least 21 years. He or she must have owned it for at least two years. The word "owned" is very important as they need not have necessarily lived there.

This two year ownership period can be circumvented if someone buys a flat. The buyer can use the seller's ownership period, and if this takes him over the two years he has a right to a leasehold extension.

In certain cases it is possible to gain a lease extension if the flat is on a short lease - one that is less than 21 years. In such cases the lease would have to have a clause granting the leaseholder the right to what is known as "perpetual lease renewal." This would have had to be agreed at the outset when the lease was first taken. Indeed, it would have had to have been made explicit, especially if there is a dispute with landlord when it comes to trying to extend a short lease.

Another way to secure a leasehold extension on a short lease is if there was a "Prince of Wales" clause in the original agreement. Like the "perpetual lease renewal" this should have been made implicit at the outset. With a Prince of Wales clause the lease would be terminable upon marriage, death or at an unknown date.

Even though the leaseholder may have the right - written into law - to extend the lease, difficulties may still arise. One of these difficulties could be the premium demanded by the freeholder. Even though the person holding the current lease can take the landlord to a Leasehold Valuation Tribunal with the aim of seeing the premium reduced to the market rate, this will only slow things down. And this can be a problem if the lease extension is being sought prior to the flat being sold with a buyer already having been found.

One final, but important, point - it is always critical to seek the services of specialist lease extension solicitors. Most solicitors rarely, if ever come across leasehold extensions - so getting the right one is really important. The right lease extension solicitor will be able to negotiate with the landlord from the outset and should be able to secure a swifter and more satisfactory resolution.

If you are considering getting a Leasehold Extension then speak to Bonallack & Bishop. If you want more information then contact one of their lease extension solicitors today. Senior Partner Tim Bishop is responsible for all major strategic decisions.

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Three Reasons For Acquiring The Rights To Manage

If you are a leaseholder in a managed property, then you and your fellow tenants could benefit from acquiring the rights to manage.

There are several reasons that leaseholders decide to start the process of right to manage company formation; this article takes you through them to give you a better idea as to whether it is something you might want to consider.

To benefit from better management:

One of the main reasons a lot of leaseholders want to acquire the rights to manage is so that they can benefit from better management of their building. Often, this is because they feel their current landlord is not doing the job to a sufficient standard or because they have an absent landlord and so the building is suffering from neglect. Other times, the tenants simply feel that they could do a better job than the landlord and so take over the responsibilities for day to day management of the building.

Once the process of right to manage company formation has been completed and the process of obtaining control from the current landlord has been undertaken, responsibility for the building passes to the company. The company can then hire services to ensure a high standard is met in terms of maintenance and repair of the building.

To have more control:

Another reason for starting the process of getting the rights to manage is so that the leaseholders have more control over their premises. A lot of tenants think that this is important because, collectively, they own most of the assets of the building and so would like a great say in how it is run. This is done through the company formed by the rights to manage process: a board will be appointed to control the company and other tenants - and the current landlord - can be invited to be members of the company so that everyone can have their say.

To save money:

Finally, a lot of leaseholders decide to take the route of right to manage company formation in order to save money. This is because it is often possible to get a better deal on repair and maintenance services by shopping around and looking for alternative solutions to those employed by the current landlord. It also allows the leaseholders to see exactly where their money is going so they can hold the board accountable and make sure that everything is carried out exactly as it should be.

If you are considering the right to manage your own block and you want more information, contact Bonallack & Bishop experts in right to manage company formation. Senior Partner Tim Bishop is responsible for all major strategic decisions.

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Landlord and Tenant Rights and Obligations

Whether you are a landlord of a commercial property, or you are a tenant leasing a business premises, you need to be aware of your rights and obligations. In Scotland these are defined within the terms of lease, and so seeking advice from a legal expert before you sign a contract is essential. If you fail to do so, you could get stuck in a contract with unfavourable terms, which could prove costly both in terms of time and money.

Statutory Rights.

In Scotland, commercial leases focus upon the contract between landlord and tenant. As such, the rights and obligations of each party are largely confirmed within the lease, rather than within the law. This system is, therefore, vastly different from England and Wales where the Landlord and Tenant Act 1954 offers a certain security for landlords and tenants alike.

However, there are times when common law applies to the leasing of commercial property. In particular, a landlord must ensure the building is fit for occupation before it is handed over to a tenant. It must be wind and watertight and any defects must be repaired, while health and safety issues also need to be addressed (including electricity, gas, asbestos management and fire safety).

Terms of Lease.

The rights and obligations of both landlord and tenant are decided within the terms of a lease, meaning every leasehold agreement will differ. That is why it is vital to seek legal advice before signing a contract; otherwise there may not be a fair balance between the interests of landlord and tenant.

A solicitor will be able to help you negotiate the terms of the lease, within which you will need to consider:-

Length of term.

You need to decide whether you want enter a lease for the short-term or the long-term. The maximum amount of time is 175 years.

Use of Property.

Set out exactly what business purpose the property is to be used for.

Rent and rent reviews.

Negotiate how much rent is to be paid, how this is to be regulated, and how the amount of rent is likely to change over time.

Repairs, maintenance and dilapidations.

Be clear as to who is responsible for repairs and maintenance. Often a tenant is liable for those internally, while a landlord is accountable for those externally. It also needs to be agreed who should pay for any repairs when the lease expires (called dilapidations).

Service charges

A tenant needs to be informed of what service charges are to be incurred (such as payment for maintenance of common parts, footpaths and cleaning bills) and whether these can be sourced for themselves.

Assignment, subletting and termination.

Decide upon ways the lease can be ended before the specified date. This could include break clauses, as well as an agreement upon conditions for assignment and subletting.

Security of tenure/Lease end protection.

A tenant needs to outline their rights to renew their lease, securing their entitlement to continue using the property should they wish.

Health and safety checks.

Under the Health and Safety Act 1974, landlords and tenants must plan whose duty it is to meet health and safety checks (such as gas inspections, ensuring adequate ventilation and maintaining electrical wiring.)

Need specialist Edinburgh Property Solicitors? McKay Norwell are Edinburgh Solicitors serving individual and business clients across Scotland

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Parental Rights And Responsibilities In Scotland

The law on Parental Rights and Responsibilities (PRRS) can be confusing, particularly for unmarried fathers. To help you understand your legal position, this article explores PRRs in more detail, explaining what they are, who has them, and how they can be acquired.

What Are Parental Rights and Responsibilities?

Parental Rights and Responsibilities are all the rights, duties, powers, responsibilities and authority which a parent of a child has by law. This means that legally, a person who has been granted parental responsibility over a child is obliged to:-

* Safeguard the child's welfare, development and health;

* Provide the child with the necessary guidance and direction;

* Maintain direct contact and personal relations with the child;

* Act as the child's legal representative.

When put into practice, this will mean someone with PRRs is entitled to take charge of key aspects in the child's life. This may include, for example:-

* Choosing and enforcing the child's education;

* Providing a home for the child;

* Choosing the child's religion;

* Consenting to medical treatment;

* Naming the child, and agreeing to a change of name;

* Accompanying the child outside of the UK;

* Agreeing to the child's emigration;

* Permitting confidential information regarding the child to be disclosed.

Who Has Parental Responsibility?

In Scotland, all mother's automatically have parental rights. The law governing PRRs and fathers is, however, a little more complicated. The first thing to note is that a father will also be automatically granted parental responsibility if he is married to the mother at the time of conception, or he is married to her at any point subsequently. If the marriage should end in divorce, the father will not lose his parental rights and responsibilities - that is, unless the court decides to relinquish them.

However, if the father is not married to the mother, he will not enjoy parental responsibility. There is a common misconception that if the mother and father have been co-habiting for a long period of time, both enjoy the same legal rights and responsibilities over their child. Nevertheless, this is not the case, as it is in fact necessary for unmarried fathers to actively acquire parental responsibility. Any person who has an interest in the child's well-being may also take steps to obtain PRRs (for example, step-fathers and grandparents).

Acquiring Parental Responsibility.

There are three ways someone can acquire Parental Rights and Responsibilities:-

1. By way of agreement with the mother.

An unmarried father can obtain PRRs if he is able to reach an agreement with the mother. This must then be formally registered with in the Books of Council and Session.

2. Being named on the birth certificate.

As of May 2006, an unmarried father can acquire PRRs if he is named on the child's birth certificate.

3. Going to court.

Lastly, an unmarried father (or other applicants such as a step-father) may choose to take legal action through the courts. A court will consider factors such as the child's welfare and the applicant's previous commitment to the child before deciding what order (if any) to grant. This may be a parental responsibility order, or something more specific such as a contact order.

Need specialist Family Law Solicitors Edinburgh?

McKay Norwell are Edinburgh Lawyers serving individual and business clients across Scotland.

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Protect Your Rights Against DUI Or Other Criminal Charges

There are times in everyone's life when they make a mistake, but that does not mean that they are not remorseful or not deserving of a second chance. For some people, that mistake is possibly making a poor decision while they are going about their everyday lives, and are arrested for DUI. One of many great things about this country is the opportunity and right to legal representation in any matter, as well as the right of innocence until proven guilty by a court or jury of your peers. In matters of DUI charges, getting the best legal defense available as soon as you possibly can is paramount to your protection of both yourself personally, and your legal rights.

DUI charges are serious, and can carry with them dire consequences. You face the potential of having your driver's license revoked, possible jail time, huge fines, a dramatic increase in your vehicle insurance premiums and even probation. It is vital that you contact a proven DUI defense counsel as soon as you possibly can to help relieve the massive consequences that you will be facing. In any DUI charge where the police seize your driver's license, they subsequently contact the Department of Motor Vehicles to inform them that you have been arrested. The DMV will automatically suspend your driving privileges. In order to prevent this from happening, it is paramount that you contact a DUI attorney that can help you to possibly prevent this license suspension from occurring.

There are many different challenges and tribulations associated with DUI cases, and only a knowledgeable attorney can help you to understand these challenges and how to handle them with the best possible outcome for you. Your rights will be protected and insured against undue processes, as well as defending you. There are some cases that the right attorney can get your charges mitigated in order to reduce the sanctions that are going to be set against you. This will help lessen the socioeconomic impact of DUI charges. In other situations, the right attorney may be able to help you to get your charges dismissed altogether, and stop the action of the DMV suspending your license. There are many unknowns associated with these types of cases, so that makes it much more crucial to have a solid defense in your corner that knows the ins and outs of the court and its system.

Even if you have not been charged with a DUI, but something more severe in the eyes of society, such as domestic violence, possession of illicit drugs or possession of them for sale, violent crimes and even sexual assault. You are still facing exorbitant sanctions such as jail time, huge fines and worse. If you find yourself accused of any crime by police or any other government agency, it is wise to find an experienced and proven criminal defense attorney to defend you and protect you and your rights until a decision is reached. It is your life; you have the right to protect it and your rights under the laws of this land through the help of a qualified and knowledgeable attorney.

DUI charges? Protect your rights with a skilled DUI attorney
Whether you are charged with DUI or other criminal charges, a criminal defense attorney can protect your rights

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Can a Collection Agency Garnish My Wages? What Are My Legal Rights?

The question of the ability of a collection agency to garnish wages is one that comes up very often. Some may tell you that it's an area filled with shades of grey, and although it's surely not black and white, neither is it very complex. Collection agencies are notorius for breaking the rules, and that is particularly true when it comes to the most important guidelines which are laid out in the FDCPA (Fair Debt Collections Practices Act).

If you are not familiar with the FDCPA, although you can find recaps of it on many websites, the only truly authoritative information can be found at the Federal Trade Commisson website, FTC.gov where you will find a copy of the law along with very clearly written explanations of its many facets.

Now, to the focus of this article, can a collection agency garnish your wages? The short answer is yes they can. However, they must first go through a series of steps, all of which will provide the debtor with an opportunity to prevent it. As a consumer, you have a myriad of rights that can protect you from these types of actions. The sad truth is that the vast majority of consumers, when faced with a law suit, choose to do nothing.

Although you have legal rights in such an event, it's up to you to exercise them. Many people mistakenly believe that it's up to the court to protect them from those that violate their consumer rights. That is not the case, and it's critical to your financial well being that you understand this right away. The court is an impartial body, charged with hearing the facts of a case, and making a decision based on those facts.

When it involves a case in which a collection agency is suing you for a debt, you have the legal right to appear in court to present an affirmative defense. This type of defense can take on many different positions. The two that are most common are proving that this debt is not yours, or that the collection agency does not have legal standing to collect the debt.

Very often, in fact the majority of the time, people ignore a summons because they feel they owe the debt and it would be time consuming and pointless to appear in court. This inaction on the part of the defendant is very foolish and usually will result in the worst possible outcome. If you are employed, it is very likely that your wages will be garnished.

However, there are other factors to take into consideration about wage garnishment. Some states do not allow wages to be garnished, while others allow certain percentages.

Making an appearance in court is wise because you may be able to work out a comfortable repayment plan. Most courts are very flexible about this type of arrangement and will allow it. It may also be to your advantage to contact the collectors prior to court and see it arrangements for payments and/or settlement is possible. It will save you court costs and other fees when the court is involved.

David Miller is a freelance writer and marketing consultant. He has written extensively about bankruptcy, debt settlement, debt consolidation, credit and credit cards, collection agency abuse, consumer law, credit card defense, FDCPA guidelines and complaints, loan modification scams, and foreclosure.

He contributes regularly to financial and real estate blogs.

He currently edits several websites and is a contributing author to many of them including http://lawfirmslongisland.com/

His articles about foreclosure, debt discharge, student loan debt and many other topics in the area of bankruptcy, credit and can be found at http://lawfirmslongisland.com/ along with links to other resources which he has been a contributing author.

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