Knowledge


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26 October 2021

HSE prosecutes contractor due to health and safety breaches during COVID-19 “spot check”

Contributor: Iain Drummond

Kevin Clancy and Iain Drummond consider the recent HSE prosecution and what it means for the construction sector.

20 October 2021

Liquidated damages and partial possession

Contributor: Iain Drummond

Iain Drummond considers the facts and implications of the recent construction case Eco World – Ballymore Embassy Gardens Company Ltd v Dobler UK Ltd.

18 October 2021

Menopause in the workplace

Contributor: Deborah Miller

On World Menopause Day, Deborah Miller considers the legal developments in relation to menopause in the workplace, with reference to the recent Employment Appeal Tribunal case of Rooney v Leicester City Council.

14 October 2021

High Court refuses to incorporate “cunningly concealed” terms and conditions

Contributor: Alison Rochester

Alison Rochester and Roddy Forgie discuss the importance of certain provisions being clearly visible in the terms and conditions of a contract, with reference to a recent case in the High Court.

14 October 2021

Unidentifiable legatees: who should receive the legacy?

Contributor: Thomas McFarlane

In the recent case of Vindex Trustees Limited, the Inner House of the Court of Session declined to provide directions on who should receive a legacy when the legatee listed in the will could not be identified. This article looks at the reasoning behind this decision.

13 October 2021

TCC decides multiple payment applications can be one dispute

Contributor: Iain Drummond

Iain Drummond considers the recent TCC decision in Quadro Services Ltd v Creagh Concrete Products Ltd and its implications. 

13 October 2021

Red Bull v Bullards: balancing brand protection and reputation

Contributor: Matt Phillip

Protecting your intellectual property is vital in the modern market, but how do you do this without damaging your reputation? Matt Phillip and John Mackenzie explore this with reference to a recent case. 

12 October 2021

The Tenant Farming Commissioner’s code of practice on the conduct of rent reviews

Contributor: Hamish Lean

Hamish Lean examines the laws applicable to rent reviews and provides recommended steps for the conduct of the rent review itself in the rural sector.

10 October 2021

Carbon capture market takes root

Contributors:
Stuart Greenwood, Hamish Lean

Carbon Agreements can be a useful tool for landowners looking to make the most of commercial opportunities on their property while offsetting carbon emissions, explain Hamish Lean and Stuart Greenwood.

6 October 2021

Can you inherit digital assets?

Contributor: Emma Hendrie

Often when writing a will, people will consider physical property as well as any investments and sums held in bank accounts. However, many will fail to consider their digital assets – such as family photos stored on their phone, writings on a computer or cryptocurrency.

5 October 2021

Collateral warranties as construction contracts: a cautionary tale

Contributor: Leigh Herd

Leigh Herd examines a recent construction case that concerns the circumstances in which a collateral warranty will be considered in a construction contract.

5 October 2021

Visit visas for short-term work

Contributor: John Vassiliou

With borders and workplaces opening back up, John Vassiliou examines the change in the rules regarding visit visas for short-term work post Brexit.

27 September 2021

TCC case on adjudicator’s jurisdiction to consider cross-claim, and relevance of party’s intentions when issuing payment notices

Contributor: Leigh Herd

The Technology and Construction Court in Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC) held that an Adjudicator’s decision not to consider a line of defence was a breach of natural justice and was not enforceable, nor could part of the decision be severed.

23 September 2021

Bitter pill for the ICO to swallow as fine on pharmacy reduced

Contributor: Ruairidh Leishman

A recent appeal by a pharmacy Doorstep Dispensaree Limited was successful in reducing a Monetary Penalty Notice issued by the Information Commissioner’s Office by approximately two thirds. Ruairidh Leishman, solicitor in our commercial disptues team, explains why.

23 September 2021

How does the Information Commissioner’s Office determine the level of fine?

In October 2020 the Information Commissioner’s Office (ICO) imposed a penalty of £20 million on British Airways following a data breach involving more than 400,000 customers – a significant reduction from its original intention to issue a fine of £183 million. What factors does the ICO considers in determining the appropriate level of a fine?

30 August 2021

Not every lease of land is an agricultural lease

Contributor: Hamish Lean

Hamish Lean discusses the qualifying factors for attaining an agricultural lease in the rural sector.

30 August 2021

Warning: Failure to appoint replacement contracts administrator leaves employer picking up the bill

Contributor: Iain Drummond

Tara Davison examines the legal responsibilities of contractors in a recent case.

27 August 2021

Managing risk throughout the construction materials shortage

Contributor: Iain Drummond

With the construction sector facing a crisis with regard to the availability of key materials, Eilidh Dobson examines what considerations the industry needs to take to weather the storm.

24 August 2021

Free Britney: How would Britney Spears’ conservatorship have played out under Scots law?

Contributor: Malcolm Rust

Britney Spears’ 13-year conservatorship has led many to consider capacity issues for the first time. What is a conservatorship? And how might the more controversial aspects of the singer’s case have played out in Scotland?

18 August 2021

The green road to electric vehicles – is it time for fewer carrots and more sticks?

Contributor: Susan Swan

The Scottish Government has committed to ensuring that the economic recovery from Covid-19 is a green one. This green recovery will contribute to Scotland’s legally binding targets of a 75% reduction in all greenhouse gases compared with 1990 by 2030 and net zero emissions by 2045.

3 August 2021

Clauses for concern: Supreme Court ruling on liquidated damages

Contributor: Iain Drummond

Liquidated damages clauses are common in construction contracts and typically apply where the contractor fails to complete works by specified dates due to reasons for which the contractor is culpable. They are generally calculated according to the period between the specified dates and actual completion. But what happens if the contractor does not reach completion? 

26 July 2021

Do landlords have an obligation to provide their tenants with a water supply?

In the recent case of Granton Central Developments Ltd v Len Lothian Ltd, the Appeal Court confirmed that a landlord was not obliged to provide a tenant with a supply of water to the leased premises.

22 July 2021

Compensation for infringement of intellectual property rights

Contributor: Ruairidh Leishman

What compensation are you entitled to following infringement of intellectual property rights? Ruairidh Leishman, a solicitor in our commercial disputes team, explains in this insightful article.

19 July 2021

Challenging and contesting a Will

Contributor: Stephanie Hepburn

This practical guide sets out the main grounds of challenging or contesting a Will in Scotland, as well as in England and Wales, where the law differs.