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Gavin Ward

RSSatisfaction-in: A little more conversation

July 20, 2010 E-marketing

As the WardblawG surpasses the 5000 hit mark after only 3 weeks, I have now included two permanent RSS feeds at either side of this blog to “Scots Law” and “Scottish Law” through Google News, which highlight excerpts from quality articles discussing the most recent developments in Scots law, such as through the Scotsman’s or the Herald’s legal journalists.

Similar Google News feeds, as I have already mentioned , can be used to keep track of different clients, industries, technologies, law, and even matters or disputes: A little more action, a little less bark (from clients) and a lot more spark!

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Reclaiming Bank Charges in the Tenties: Santander Demolishes Walls

July 15, 2010 Banking and Finance

Comment

In the author’s personal opinion, it is time for the courts and, perhaps, government to stop sitting on the fence with legal argument that lends itself to squeaky clean judges’ desks. It is quite clear that the public has noted its concern. They realise, (or at least should realise by now!), that banks are businesses unlike any other. And, while the banks might enjoy the benefits of having large capital reserves, somewhat questionable following the recession, the Scottish and, indeed, the British public expect them to be treated as such in the legal systems of the UK. This effective immunity from suit should seriously be reconsidered and, the author hopes, soon.

How to Claim despite Walls being breached

Consumers may be best advised to take the recent shock wave of Allison Walls v Santander with a pinch of salt: there are certain steps, including those from moneysavingexpert.com, which are still worth considering:-

1. Send a style letter and send to the bank;
2. If unsuccessful and the bank continues to charge, send a different style letter to the Financial Ombudsman;
3. If still unsuccessful, consult a reputable solicitor and take the bank to court, but be prepared for considerable legal expenses and long, drawn out proceedings.

Banks would be best advised not to get complacent: a battle may have been won; but the war, most certainly, is not over.

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Plea to the Relevancy: Alternative Scottish Diploma in Legal Practice Structures

July 9, 2010 General Legal

I think many solicitors and students would like to see at least also business management, communication, leadership and motivation, or at least such soft skills, taught either separately on the diploma or the PCC, or more emphatically through the practice management course within the Diploma.

There should be a fundamental distinction between brilliant lawyering and brilliant management, which should be appreciated by all Diploma students and graduates.

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RSS Feeds: the Practical and Legal Considerations

July 5, 2010 Corporate and Commercial

Since starting this blog, I’ve placed emphasis on RSS feeds. Colleagues and readers have been quizzing me on why a legal blog needs RSS feeds and why I don’t spend more time on posts. The reason is that RSS feeds are important tools for modern lawyers and, indeed, professionals around the world. Because of that, I thought it would be useful to set out the practical and legal issues that should be noted and distinguished in order to exploit RSS to its fullest.

In my own experience, RSS feeds avoid the spam-like nature of email updates and allow for fast browsing of updates that suits you, which can help increase your efficiency, productivity, learning and knowledge. Obviously, that demands some initiative on your part, but if you can appreciate how much effort went into each and every post to which the RSS feed links, then it doesn’t take too much effort to get out there and start looking for RSS feeds relevant to you and your clients, such that you can build a collection, much like I have at the foot of this page, for your own personal and commercial purposes.

Alternatively, of course, you could just come to this site to view them all at once. But where’s the fun, (or plug?) in that?

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Take Notice!: Education 4 Ayrshire Ltd v South Ayrshire Council

June 27, 2010 Case Notes

The relatively recent case of Education 4 Ayrshire Ltd v South Ayrshire Council [2009] CSOH 146, CA37/09, concerns the issue of what happens when a contract clearly provides how and when a notice of delay or claims should be given but the parties do not follow the precise form of the notice provisions.

A good theoretical decision in favour of pacta sunt servanda and adherence to what the parties have agreed strictly, it has to be wondered whether this is the right practical decision given that effectively notice, albeit in a different form, had been given. Certainly, I have seen this decision take effect on elements of a recent multimillion pound NPD project, which may have delayed the deal.

The case serves as an important lesson for contractors, not just those involved in PPP / PFI, to take special notice of notice requirements under contracts.

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Alpha Law: Kill or be Killed!

June 26, 2010 Banking and Finance

Written by two US law school professors, it portrays, in no uncertain terms, a rather bleak picture of the landscape of the legal and other top professions…And that was in 2005!

The alpha of any species, by inherent definition, is able to adapt quickly and well to change. It’s now time for lawyers, firms and the profession as a whole to adopt that alpha mentality; for many, it’s time to sink or swim.

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Foreword to the WardblawG: Lawnovation

June 23, 2010 Banking and Finance

With firms and professionals across the UK welcoming web 2.0, which includes new online technologies such as blogs, RSS feeds and even Twitter, so comes the inception, and, I’d like to think, conception of Scotslawblog.com, formerly WardblawG.com.

Founded by me, Gavin Ward, a trainee solicitor at a Scottish firm in Edinburgh, qualifying in August 2010, former tutor and published author in the Juridical Review, this shall be a new platform for me and, indeed, my colleagues and peers across Scotland and beyond, to discuss, in an open environment without too much fence-sitting, the most important and relevant legal and commercial updates affecting Scottish businesses and law firms, together with other topics of interest to the legal profession.

I hope this creates as much contribution and success as the effort I ,and my colleagues, put into it!

Gavin Ward, 23 June 2010

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