Knowledge

The decision of the Court of Appeal in Balfour Beatty Regional Construction Limited v Grove Developments Limited [2016] EWCA Civ 990 emphasises that parties cannot rely on commercial common sense to save them from ambiguous contracts. 

A summary of when a product can be advertised as being “free” in compliance with UK Regulations. 

The Court of Appeal in England has confirmed that a Trustee in Bankruptcy (“TIB”) cannot force a bankrupt person to elect to take their uncrystallised pension benefits solely so that the TIB can recover the benefit as income for the member’s creditors. The decision in Horton v Henry (2016) clarifies the legal position after previous conflicting judgements had been given by the Courts. This is all the more significant in light of the recent legislative changes allowing some members flexible access to their uncrystallised benefits from age 55. Whilst the decision is limited to bankruptcies in England, it seems unlikely that the Scottish courts would depart from the approach adopted by the Court of Appeal.

Our Glasgow office is moving to West Regent Street.

The Pensions Regulator exercised a rarely used power to void a Deed which negatively impacted members, enabling them to access compensation from the Pension Protection Fund.

A recent decision of the Pensions Ombudsman gives some useful commentary on an employer’s duties to provide information to its employees about their pension rights and benefits. This article discusses that decision and its implications for employers. 

As many involved in the infrastructure sector will know, on 29 September 2016 the European PPP Expertise Centre of the European Investment Bank and Eurostat published “A Guide to the Statistical Treatment of PPPs”. 

The Case of ASA International v Kashmiri Properties (Ireland) Limited is a reminder of the high test applied to the creation of servitudes by implied grant and makes clear that the court will be reluctant to imply such a servitude except in very limited cases.

The latest in a line of a cases on payment notices in construction contracts, Jawaby Property Investment Limited v The Interiors Group Limited is a further example of ambiguity in payment applications being met with hostility by the courts.

In the recent case of Balgray Limited v William Hodgson, [2016] CSIH 55, the appeal division of the Court of Session, Scotland, examined certain notification requirements under the Agricultural Holdings (Scotland) Act 2003, in particular on whom the particular required notice must be served and where. Whilst the decision focusses on the interpretation and application of notification requirements under this particular statute, the court adopted a similar approach to that taken in a line of contractual notification cases in Scotland going back to the 2008 case of Ben Cleuch Estates Ltd v Scottish Enterprise, [2008] CSIH 1.

The UK construction industry generates around £90 billion annually, accounting for 6.7% of GDP and employing over 2.9 million people. Although the UK construction industry is largely a domestic market, it will still be affected by the Leave vote. Given that the industry accounts for a significant proportion of UK GDP, the impact of Brexit on the industry will in turn affect the UK generally. 

Scottish Limited Partnerships (Scottish LPs) are a common feature in tax efficient investment structures, particularly in property investment. Unlike limited partnerships registered in the rest of the UK, the Scottish LP has a legal personality of its own, distinct from that of its partners. This makes a Scottish LP transparent for tax purposes. The tax authorities look through the Scottish LP and only tax the profits arising from the Scottish LP’s activities in the hands of its partners. This tax transparency has resulted in the Scottish LP featuring in investment structures in order to deliver tax benefits to the underlying investors. This article considers the issues that those involved in restructuring or insolvency assignments need to be alive to when dealing with a Scottish LP.

The ECJ has been advised by the Advocate General that ‘death-bed marriage’ restrictions in pension scheme rules gave rise to indirect discrimination on the grounds of sexual orientation. This article looks at the circumstances of the opinion and the implications of it for UK pension schemes. 

Sheep worrying is becoming an increasing concern for farmers and estate owners, especially following the introduction of the “right to roam” by the Land Reform (Scotland) Act 2003.  Incidents are on the rise, with over 2,000 reported to the police in the UK in the last two years.  Police Scotland recently launched a three month campaign to raise awareness about the devastating effects of sheep (and other livestock) worrying for farmers and their businesses and yet the responsibilities placed on dog owners who live or walk their dogs in the countryside and the remedies open to those affected by a sheep worrying incident are often poorly understood.

This article considers the application of a knock-for-knock indemnity to exclude liability for consequential loss.

This article is intended to provide landowners and employers with a practical guide on the vicarious liability provisions in the Wildlife and Natural Environment (Scotland) Act 2011. 

Hear from our Rural Property Litigation team, as they discuss potential criminal responsibility of landowners and tenants in the countryside.