Scots law. the right of the possessor of movable property to retain it until he has been satisfied with his claim either against that movable property or against its owner; a privilege. The right of retention is twofold, i.e. more special or more general. 1. A special reservation is the right to retain or retain ownership of the goods in his possession under a contract until he is compensated for the work or money expended thereon. 2. General retention is the right to withhold or withhold the property of another person in respect of any debt owed by the owner to the person having custody of it; or for a general balance resulting from a particular branch of employment. The advance payment for the prosecution or defence of an action has the effect of conferring on the lawyer all the powers exercised by the forms and practices of the courts before which the action is pending. He can receive a payment; may bring a second action after it has been inappropriate in the first action for lack of formal evidence; may bring an action against the judgment; may terminate the action; can recover an action after a non-professional; may appeal and engage the client on his or her behalf for legal action; how the claim will be submitted to arbitration; Can continue to run an alias.
may receive seizure of land confiscated to a certain extent, may waive objections to evidence and enter into an agreement on admission of facts or conduct of trial and bail; may waive the right of appeal, review, notification and the like and confess the judgment. But it does not have the power to provide debt relief to a debtor unless the full amount of the debt is actually paid, and only in money; also not to release guarantees; enter a retraxite; also not to act on behalf of the legal representatives of his deceased client; release another witness. An advance payment that a client gives to a lawyer to accept a case. The client pays to “keep” the lawyer`s services. How is statutory severance pay calculated for an employee who is employed seasonally and therefore whose hours of work vary throughout the year? For information on calculating statutory severance pay, see Practice Note: Entitlement to Statutory Severance Pay. Statutory severance pay is calculated by: • the number of consecutive full years of employment of the employee ending on the “relevant date” and • the appropriate number of weeks for each year. This is done by looking at (a) the total period of employment if the total service is 20 years or less, or (b) the 20 years ending on the “relevant date” if the total service goes beyond. During this period, in reverse of the “relevant date”: ◦ high bracket – count one and a half weeks for each full year of service in which the employee was 41 years of age or older ◦ average band – count one week for each full year of service (excluding years already recorded as years in the top bracket, if applicable) in which the employee was 22 years of age or older ◦ lower bracket – count half a week for each full year of service remaining, which has not already been counted as a high or medium year • Multiply this total number of weeks allowed by the present value for “one week`s salary”, calculated in the usual way, subject to the “legal cap” The legal cap, Speed up all aspects of your legal work with tools that help you work faster and smarter.