Knowledge

A number of procedural reforms of the Scottish Courts system were brought into effect on 22 September 2015.
These included the introduction of new rules on the judicial review procedure in Scotland, with key changes which will have a direct impact on the risks associated with legal challenges, including to planning permissions.

Watch our webinar for an overview of the mediation process used in resolving construction disputes and receive helpful tips from our experts.  A recording can be viewed here.

The EAT has confirmed that employees have 18 months to use untaken holidays carried over from the previous leave year as a result of sickness absence. 

The DWP has now published a response to its consultation on rules for formerly contracted-out schemes in light of the abolition of DB contracting-out next year.

Legal services are gradually becoming fit for the 21st Century, but why is it that some lawyers insist on clinging on to archaic language? It shouldn’t be necessary to have a law degree (or a legal dictionary) to interpret legal documents.

The Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 comes into force on 1 July 2015, making life rather easier in situations where counterpart execution or electronic delivery of documents would be helpful. We have prepared a guide on the new Act and practices going forward.

Last month the European Parliament voted to pass a law forcing companies to ensure their products do not contain conflict minerals. While the law is still to be rubber stamped by the European Commission it is likely that up to 880,000 companies in Europe could be affected.

Our briefing note will help landlords, tenants, investors, occupiers and funders, asset managers and managing agents get up to speed with the Energy Efficiency (Private Rented Property) (England and Wales) Regulations.

The Pensions Regulator has published a report on its investigation into the Carrington Wire scheme and the issue of a contribution notice against the sole director of the company who bought the company for nominal consideration from its Russian owners in 2010.

Discussion of the case of Homebase Limited v Grantchester Developments (Falkirk) Limited

Discussion of the case of Malin and others v Crown Aerosols UK Limited

This article looks at the case of CSK Electrical v Kingswood Electrical [2015] EWHC 667 (TCC) and jurisdictional challenges and alleged breaches of natural justice which can be raised in adjudication proceedings.

Last month the Court of Appeal in England decided a case that may be of interest to us motorists – do we have to pay a charge imposed for overstaying a specified period in a free car park? The motorist in this case argued not, his argument being twofold:  the charge was unenforceable at common law, as a penalty; or it was unfair and, therefore, unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999.

In arriving at its decision the court considered how the case law relating to penalty clauses applied in these circumstances, as well as considering if the Unfair Terms in Consumer Contracts Regulations 1999 came into play.

The Pensions Ombudsman has issued a decision in respect of an apparent pensions liberation case.

In the recent case of Khurana and another v Webster Construction Ltd the Technology and Construction Court (TCC) discussed whether an adjudicator’s decision was only of ‘interim-binding’ effect, or finally binding on the parties.

In this briefing we look at the impact of Independent Governance Committees on voluntary governance committees for contract-based pensions.

The Pension Liberation Industry Group has issued a Code of Good Practice to provide guidance on the due diligence trustees and providers should carry out when dealing with transfer requests.

UK law firm Shepherd and Wedderburn has advised the UK Green Investment Bank (GIB) on the development of its new product, the Green Loan and advised the bank in relation to its first deployment of the Green Loan in the pathfinder LED street lighting project with Glasgow City Council.

The recent English TCC judgement in the case of Broughton Brickwork Ltd v F Parkinson Ltd reiterates the court’s reluctance to interfere with an adjudicator’s decision. It also acts as a reminder that the clear presentation of a case at adjudication is important.

 This note seeks to provide a flavour of some of the more eye-catching proposals to reform the agricultural tenancy sector in Scotland.

Read the Winter edition of Property Disputes Update.

In the recent Scottish decision of Stork Technical Services (RBG) Limited v Ross [2015] CSOH 10 Lord Tyre was asked to determine whether a party can recover fees which had already been paid where the adjudicator’s decision had been held to be unenforceable.

The UK Government’s new policy of shared parental leave will have implications for pension schemes.

The Incentive Exercises Monitoring Board has confirmed that the Code of Good Practice on incentive exercises applies to one-off trivial and small pension commutation exercises.