Knowledge

The requirement for “the basis on which the sum has been calculated” to be shown in payment notices issued under construction contracts has caused some difficulty, as it is not entirely clear what constitutes a proper “basis”. However, the recent case of Muir Construction v Kapital Residential may have shed some light on the meaning of this provision of the Construction Act 1996.

The Modern Limited Duration Tenancy introduced by the Land Reform (Scotland) Act 2016 will replace the former Limited Duration Tenancy and from 30 November, it will no longer be possible to create a new LDT.  While MLDTs are very similar to LDTs, due to the introduction of new provisions concerning break clauses, there will now be four main ways to terminate an agricultural lease of 10 years or longer.

The Barclay Review, published last month, contained thirty recommendations that could significantly alter the business rates system. A statement issued by the Cabinet Secretary for Finance and the Constitution, Derek Mackay, on the 12th September has illustrated exactly how the Scottish Government planned to act upon these recommendations. 

The Court of Appeal has overruled the High Court’s landmark decision in the case of IBM v Dalgleish.  The successful appeal overturns the High Court’s earlier ruling that IBM breached its duties as an employer in making certain changes to its occupational pension scheme. This will be welcome news for those employers who have already altered or are seeking to alter their pension arrangements but care will still need to be taken to ensure that members’ concerns are treated appropriately.

The Criminal Finances Act 2017 contains two new corporate criminal offences of failure to prevent criminal facilitation of tax evasion, that will come into effect on 30 September 2017.

The UK legal system is one that is based on precedence and case law. Over the course of hundreds of years, the courts have made decisions that impact how the law works today and how it will evolve in the future. There are countless landmark decisions that have impacted the legal landscape in the UK and we have outlined just a few.

As Brexit negotiations resume, there is a lot of talk about what the final trade deal will mean for the UK.  What is getting clearer as negotiations progress is that whatever deal is put in place will have far reaching consequences for all sectors and markets, including litigation funding.

Should an automated email message affect when a person becomes legally bound by an agreement concluded by electronic means? That is just one of a number of questions under consideration by the Scottish Law Commission as it consults on draft legislation to codify and reform the rules on formation of contracts under Scots law.

Funded disputes are becoming increasingly popular, but many potential claimants aren’t sure whether it’s the right route for them. There are many benefits to pursuing litigation through the funded dispute route. Here are just a few

The speed at which the The Scottish Partnerships (Register of People with Significant Control) Regulations 2017 have been brought into force has come in for significant criticism from The House of Lords’ Secondary Legislation Scrutiny Committee.

Last week the EU Council renewed the economic sanctions against Russia which are now to be in place until 21 January 2018.

The English Football Association is set to end its sponsorship deals with betting companies. This decision comes two months after former Manchester City and Burnley midfielder Joey Barton received an 18-month suspension and a £30,000 fine for breaching the FA’s rules on betting misconduct.

The recent Northern Irish case of Glen Water Ltd v Northern Ireland Water Ltd [2017] NIQB 20 looked at the notification provision for compensation events under a bespoke contract. The court ultimately took a strict approach to the notification requirements, resulting in the contractor’s claim being barred. 
The lesson is that claim notification clauses should be carefully complied with in respect of timing and content requirements; such notifications should give clear and unambiguous notice of the claim in question.