Knowledge

This article examines the recent case of Vinergy International (PVT) Ltd v Richmond Mercantile Limited FZC [2016] EWHC 525 (Comm), where the court considered whether a contracting party exercising its common law right of termination must at the same time comply with the contractual termination provisions.

A change to the law in Scotland means hidden costs for some property owners looking to re-mortgage

Earlier this month the Inner House of the Court of Session considered how long parties should have to wait for decisions from the court, and whether excessive delay meant that a fair trial had not taken place. 

A briefing on recently passed legislation which seeks to regulate lobbying in Scotland, with significant consequences for how businesses and other organisations engage with the Scottish Government and Members of the Scottish Parliament. 

Scotland’s prosecution service has announced a 4th civil settlement following a self-report of bribery offences. Scotland is the only place in the UK where bribery penalties can be agreed in a civil process, without the involvement of the courts. We think that the Scottish approach is more flexible and advantageous to businesses; however the lack of judicial scrutiny means there is limited transparency in the process, which makes it difficult to assess whether the agreements are fair and appropriate. 

In this article we explain the consequences of the introduction of a PSC Register under the Small Business, Enterprise and Employment Act 2015 for corporate trustees of UK pension schemes.

This article provides an update on Special Areas of Conservation for harbour porpoise in UK waters

The word ‘radical’ has been used by both supporters and critics alike when commenting on the various proposals set out by the Scottish Government in the Land Reform (Scotland) Bill. This gives a flavour of the tone of the debate. Both sides have also been particularly vocal on the previously little discussed topic of succession and assignation of secure agricultural tenancies. The implications of the proposals are discussed in this briefing.

In this article, we look at the High Court’s recent judgment in Hughes v The Royal London Mutual Insurance Society, where it overturned a decision by the Pensions Ombudsman in relation to a suspected pension liberations transfer.

A recent appeal decision by the Scottish Court of Session highlights the duty of care owed by a borrower’s solicitor to an outgoing lender, as well as serving as a reminder to lenders to be certain of outstanding liabilities when they discharge security. 

It is often said that where a breach of contract occurs, the innocent party has a duty to mitigate its loss. In fact, no such duty exists in law. Instead, it is a general principle that recoverable damages following a breach of contract will be assessed on the assumption that the innocent party has taken reasonable steps to mitigate its losses.

Hear from our property litigation experts as they share their knowledge and experience by discussing recent cases involving property disputes, highlighting the key issues affecting commercial landlords and tenants, developers and surveyors.

An overview of the key changes to UK company law following implementation of the Small Business, Enterprise and Employment Act 2015 

In this final part of the construction case law update series, our construction dispute specialists review what they consider to be the top five adjudication cases of 2015 involving construction disputes, highlighting the key aspects in each.

The Incentive Exercises Monitoring Board published a revised and updated version of its Code of Good Practice on Incentive Exercises for Pensions on 1 February 2016. The Code, originally published in June 2012, has been updated to reflect recent industry developments and practices including the 2015 pension flexibilities. 
Our article highlights the six key points to note on the revised Code and will be of interests to sponsoring employers, trustees and others involved in the pensions industry.
 

This case arose in circumstances where a consultant refused to execute a collateral warranty that was requested more than 6 years post-completion, by which time proceedings had been raised against the main contractor for defects in the works. The court agreed to order the consultant to execute a warranty despite an “armada” of arguments that the consultant made for not doing so.

In The Trustees of Scottish Solicitors Staff Pension Fund v Pattison & Sim,  the Inner House of the Court of Session has confirmed the general application of important principles to the interpretation of pension scheme amendments. This is an important decision that confirms the more practical approach adopted by the Scottish courts, as compared to the more technical approach applied in some English decisions.   

We look at the recent Ombudsman determination regarding a failure to make a police officer aware of the potential tax implications of re-employment where he had a protected pension age.

The damage to property in Scotland caused by recents floods is unlike anything many parts of the country have experienced before and this has led to some complex legal queries in relation to damage to properties.

A recent English Court of Appeal decision indicates that an English court can strike out a claim brought before it if it is more closely connected to Scotland than England, even if neither party has raised the issue.

Normally the worst outcome of a work night out is a hangover which can usually be resolved by a bacon roll the next morning. But when a fight breaks out between employees, the outcome for the individuals may be far more significant, and could result in disciplinary sanctions including dismissal. In a recent case involving an altercation at an office function, the Employment Appeal Tribunal (EAT) held that where the two employees involved have behaved differently then it will not necessarily be unreasonable to apply different sanctions.

This article provides an overview of the key issues to consider when using Standard Terms & Conditions.