Knowledge

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.

Two recent Scottish property cases have forced a change in the property industry’s understanding of a landlord’s right to claim the full “cost of repair” if a tenant fails to undertake their dilapidation obligations. We examine these judgements and explore what impact they may have for construction defects claims

This webinar considers the scope of the Compensation Event provisions in comparison with other standard form contracts; notification requirements; quotations and assessments; schedule and shorter schedules of cost components.
A recording of the webinar can be viewed here.

HMRC has published its revised policy on the circumstances in which scheme employer can recover VAT on investment management and administration services. This article highlights the key points from the finalised policy.

This article looks at prescription and limitation rules applying north and south of the border and provides some tips on what periods apply and how and when to ‘stop the clock’ running for time bar.

Liquidated Damages clauses in contracts are still a major source of disputes between parties to construction contracts. This article looks at the background and more recent developments to assess the courts’ attitude to such clauses and considers when they are likely to be viewed as a penalty.

This article looks at the different approaches of the Scottish and English courts in relation to judicial interest.
Scottish approach
Legislation

This article looks at a recent case in which the Deputy Pensions Ombudsman set aside a trustees’ decision in a death benefits case due to failure of trustees to follow proper process.

In January 2013, Marks & Spencer won a landmark case in the High Court to allow the tenant an apportionment of rent paid following the exercise of a break right. The Court of Appeal has now overturned that decision, which is good news for landlords, but also provides clarity for tenants when exercising a break right subject to conditions.

Ten things you need to know about Food Information Regulations.

In a recent case Ramsey J in the Technology and Construction Court (TCC) addressed a number of issues relating to the enforcement of an adjudicator’s three decisions, including: (i) the application of the slip rule and jurisdictional challenges; (ii) the correct interpretation of ‘primary activity’ in section 105(2)(c) of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act); and (iii) inconsistencies between Decisions made by the same Adjudicator.

As the end of another tax year approaches, now is a good time to consider your financial position and check whether you have taken full advantage of the tax reliefs and exemptions that are available. This note is intended to provide a brief guide to the opportunities that we believe may be worth considering. There are many tax-saving measures available and we detail below a number of steps that can be taken to improve your tax position, without significant effort.

The Court of Appeal has overturned existing rules in England and Wales about administrators’ liability to pay rents falling due before their appointment.

Discussion on litigation styles and the need to focus on issues rather than being purely aggressive.

A discussion on entire agreement clauses and their limits.

The UK Government’s push to develop the UK’s unconventional oil and gas resources continues. In December 2013, a draft environmental report in relation to the strategic environmental assessment (SEA) for the 14th onshore licensing round was published for consultation along with regulatory road maps for those seeking to understand the permitting and consenting process for exploration activities in the UK.