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Our Knowledge

Our lawyers are immersed in the industries and sectors in which they operate. Keep abreast of the changing legal landscape with insights from our expert lawyers.

  • Knowledge

    Our lawyers are immersed in the industries and sectors in which they operate. Keep abreast of the changing legal landscape with insights from our expert lawyers.

  • Knowledge

    Our lawyers are immersed in the industries and sectors in which they operate. Keep abreast of the changing legal landscape with insights from our expert lawyers.

Home > Our Knowledge

Publications available on this website provide general information only and do not constitute legal advice. See Legal Notices for further information.

  • 14.Jan.2021
    Do construction contracts need a final account mechanism?

    This Technology and Construction Court case relates to the adequacy of the payment provisions within a construction contract, and whether the contractor was entitled to a “final account”, or whether its entitlement was limited to a series of interim payments.

    Read More...
  • 13.Jan.2021
    CMA issues fines for groundworks services cartel in UK

    The Competition and Markets Authority has fined VP Plc and M.G.F (Trench Construction Systems) £15 million, due to anti-competitive arrangements entered into by the companies between 2011 and 2016. These arrangements were found to be in breach of UK competition law. Affected companies may raise a claim for any damages suffered.

    Read More...
  • 11.Jan.2021
    Renewable energy, agroforestry and rewilding: three ways for Scottish farmers to protect their business and the environment

    With around one in 10 jobs in Scotland dependent on agriculture, how can farmers, crofters and those employed in the agricultural sector ensure a sustainable future for the industry?

    Read More...
  • 07.Jan.2021
    Protected trust deeds and assets discovered after the debtor's discharge

    In the recent case of Royal Bank of Scotland plc v Donnelly and another, the Court of Session considered whether the discharge of a debtor from a protected trust deed could be reduced following the discovery of assets of which the creditor and trustee were unaware prior to the discharge. 

    Read More...
  • 23.Dec.2020
    Arbitrator duties – apparent bias and impartiality and RICS guidance

    This article provides a summary of the long-anticipated case of Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48, handed down by the UK Supreme Court at the end of November. This case concerned arbitrator apparent bias, and the duty of an arbitrator to disclose information that may lead to doubts relating to their impartiality. Further, this case links to recent RICS guidance that will become effective from February 2021.

    Read More...
  • 22.Dec.2020
    Principles governing cash retention in construction contracts

    As the UK and Scottish Governments carry out consultations on cash retentions in the context of construction contracts, a recent judgment confirms that the proper purpose of retention is to incentivise rectification of any outstanding defects, or as security for the loss incurred if they are not.

    Read More...
  • 22.Dec.2020
    COVID-19: further extension of temporary measures relating to AGMs and other meetings

    The temporary measures contained in the Corporate Insolvency and Governance Act 2020 to allow companies (and other qualifying bodies) to hold AGMs and other relevant meetings safely during the pandemic have been extended until 30 March 2021. 

    Read More...
  • 21.Dec.2020
    The Scottish Residential Property Market: a 2020 summary and what to expect in 2021

    2020 was unprecedented in terms of the unpredictability and inconsistency in the Scottish residential property market caused by the COVID-19 pandemic. Phil Harris, a Senior Associate in our private client team, outlines what the new year might hold.

    Read More...
  • 21.Dec.2020
    Court of Session decision offers useful analysis of breach of contract and the omission of work in subcontractor agreements

    A recent decision by Lord Tyre in the case of Van Oord UK Ltd v Dragados UK Ltd 2020 CSOH 87 provided an interesting discussion of issues relating to the omission of work, breach of contract, Compensation Events and Defined Cost Calculations under the NEC3.

    Read More...
  • 21.Dec.2020
    Adjudication update: the TCC confirms that an adjudicator’s failure to consider a defence of set-off was a breach of natural justice

    It is settled in adjudication that, (1) only the dispute referred in the Notice of Adjudication may be decided by the adjudicator; and (2) a Respondent may advance any defence open to it (which may include set-off).

    The Technology and Construction Court (“TCC”) has clarified how these two principles interact in the context of the valuation of an Interim Application. 

    Read More...

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Latest News
  • 13th January 2021
    Shepherd and Wedderburn supports Advanta Wealth with the next stage of its growth plans

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