Morton Fraser's Podcasts

In our weekly employment law podcast David Hossack and Innes Clark discuss a recent case where the key issue was whether payment of a contractual PILON converted a resignation into a dismissal.

As we celebrate #InternationalWomensDay, Chair Jenny Dickson, HR Director Martin Glover and Senior Associate Sarah Gilzean sit down to discuss the importance of the day, the current missions of IWD with particular focus on 'Women at Work' and highlight what Morton Fraser are doing to forge an inclusive work culture.

In the quest to encourage the use of mediation as an effective method to resolve disputes, mediators David Hossack and Laura McKenna surveyed lawyers in Scotland to gauge the use of mediation and the obstacles which may be preventing its use. In this podcast, they discuss the results and consider what could be done to improve things to better meet clients' needs

In our weekly employment podcast, David Hossack and Lindsey Cartwright discuss the implications of the latest case concerning holiday pay as it relates to the accrual of leave (and any payment due on termination) where workers have been denied the right to paid leave.

As part of the traineeship program here it at Morton Fraser, it is customary to rotate to different divisions every 6 months in order to gain new experiences and learn about different areas of the law. Chair and partner, Jenny Dickson catches up with trainee solicitor Ryan Mitchell to discuss how his first seat in our Real Estate and Infrastructure division has been and to highlight some of the learnings he will take onto his next seat.

In our weekly employment podcast, David Hossack and Fiona Meek discuss a recent case which looked at whether employees are entitled to remove confidential documents from their employer in anticipation of legal proceedings.

In the sixth and final episode of our series, David Hossack discusses issues around funding claims and recovering expenses with experts Nicola Edgar and Derek Couper. The issues discussed include the various ways claims can be funded, including Success Fee Agreements, insurance and Legal Aid. Nicola also sets out the impact of the recent introduction of QOCS and the circumstances when the protection  this provide claimants may be taken away. Finally, Derek and Nicola provide their advice on maximising the expenses recoverable from the Defenders, by utilising Pursuer's Offers, applying for an additional fee and considering the best way to approach the preparation of the judicial account.  

Employment law experts, David Hossack and Helen Donnelly discuss how the proposed right to disconnect outside of contracted working hours might be received in the modern, flexible workplace.

In our weekly podcast David Hossack and Fiona Meek discuss a recent case where an employer was not found to be liable following injuries suffered by an employee when a practical joke went wrong.

In the fifth episode of our six-part masterclass in personal injury and medical negligence claims series, David Hossack discusses recent case law with experts Nicola Edgar and Derek Couper.  These cases cover issues such as when the burden of proof will shift to a Defender and the importance of choosing the right expert witness.  Derek discusses some recent medical negligence litigation which highlights the difficulties in proving causation, and what happens when witness evidence contradicts the medical evidence available.  Nicola also discusses certain cases which highlight the importance of complying with the Court rules

In a new podcast, Family Law expert Lucia Clark sits down with Agriculture and Rural Partner, Matthew Barclay to discuss 'A Practical Guide to Divorce and Farming in Scotland' a first-of-its-kind guide which aims to bring clarity to farming divorce. Scottish family lawyers are all familiar with the basic law regarding financial provision on divorce. So what makes farming divorce different from any other marital breakdown? It is especially complex, it involves advising on matrimonial and business related claims, farm land and businesses are often gifted or inherited and there's often a reluctance to sell land. In the face of this complexity, Morton Fraser family law expert and Partner, Lucia Clark has written 'A Practical Guide to Divorce and Farming in Scotland'. Suitable for those already working in family law, accountants, land agents and other parties involved in the management and advice of farming land. Buy your copy here, using 3F2NDW6 to receive a 10% discount.

In our weekly employment podcast, David Hossack and Mark Pelosi discuss an Employment Tribunal's decision concerning a lengthy suspension and disciplinary process. They also provide key takeaways for employers

In the latest 'Stuck in the Middle' mediation podcast series, mediator David Hossack is joined by esteemed author Kathryn Mannix to discuss her important book "Listen"

In our weekly podcast, David Hossack and Fiona Meek discuss a very recent and topical Employment Tribunal decision where an employee was found to be fairly dismissed by her employer after refusing to get the Covid-19 vaccine.

In the fourth episode of our six-part series, David Hossack discusses the impact of Covid-19 on Personal Injury litigation with experts Nicola Edgar and Derek Couper. Listen to find out the current position with the Courts and the advantages and disadvantages of virtual hearings. They also discuss the legacy the current restrictions may have on our civil justice system, including the potential increased use of alternative dispute resolution. Nicola and Derek also cover the types of claims we may start to see being litigated as a result of the pandemic, including employers' liability claims and medical negligence claims, and the issues which may arise in terms of causation and quantum. #personalinjury #covid

In our weekly employment podcast, David Hossack and Nicole Moscardini discuss the recent Employment Appeal Tribunal case of Augustine v Data Cars Ltd in which the EAT confirmed that any costs incurred by an employee or worker that are “in connection with employment” must be deducted when calculating NMW, even if the costs are incurred by the employee by choice.

Following the recent appointment of several partners, chair, Jenny Dickson speaks with recently promoted Jack Kerr about his journey from trainee solicitor to partner within our private client division.

In part 2 of a 2 part podcast, Innes Clark and David Hossack discuss what to expect on the employment law front in the second half of 2022 as well as considering other changes that may take place over the coming years.

In the third episode of our six-part series, David Hossack discusses with experts Nicola Edgar and Derek Couper how to value personal injury and medical negligence claims. This includes discussion on the various heads of claim which should be considered including solatium, loss of earnings, services and future losses including potential pension loss and any ongoing medical treatment which may be required. Nicola and Derek share their experience of how to evidence losses which have been incurred, taking into account who is making the claim. They also discuss recent loss of society awards made by the Courts which often allow us to better predict the value of these types of claims.

In part 1 of a 2 part podcast, Innes Clark and David Hossack discuss what to expect on the employment law front in the first half of 2022.