Knowledge

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.

This article considers the case of Royal Bank of Scotland PLC v Halcrow Waterman Limited [2013] CSOG where Lord Tyre considered when it is too late to raise an action and concluded that the claim had not prescribed.

Since our last update (in August 2013) there have been a number of developments in relation to the permitting and consenting regime affecting onshore unconventional oil and gas in the UK. 

At a time when those in the construction industry are murmuring about green shoots and a possible upturn in activity, the terms of construction contracts and in particular the allocation of risk between parties are coming into sharp focus. There is a balance to be struck between the legitimate interests that contractors and consultants have in protecting their business and the employer’s expectations that it will have recourse to its construction team for mistakes. Where this balance sits between the parties will depend upon the sector, the project, and the financial climate.

This webinar looks at the ways in which title restrictions affecting a proposed development can be removed or altered where agreement to do so cannot be reached, including applications to the Lands Tribunal

The article discusses issues for contracted-out occupational pension schemes (and their employers) which will arise on the introduction of the single-tier state pension and abolition of contracting-out, both on 6 April 2016.

Many property disputes involve parties wishing to withhold or enforce the performance of contractual obligations. 
This third webinar in this series looks at the main remedies and defences available to parties in such disputes.  A recording of the webinar can be viewed here: https://vimeo.com/76524617

In Scotland, there has for a long time been a debate about whether mediation should be encouraged more by the courts, and further, whether mediation should be mandatory.

The first webinar in this series looked at some of the issue that can arise in managing a commercial lease portfolio, focusing on practical steps for managing defaulting tenants, and the options available to landlord and tenants for enforcement of their rights under a lease. You can view the recording via this link https://vimeo.com/73366183

The third webinar in our series, Property Dispute Resolution Webinar Series: Termination of commercial leases – irritancy, break options and expiry

A collateral warranty can be a construction contract and therefore subject to the right to refer disputes to adjudication, according to a recent decision by the Technology and Construction Court in Parkwood Leisure Limited v Laing O’Rourke Wales and West Limited [2013] EWHC 2665.
Though an English case, the Housing Grants, Construction and Regeneration Act 1996 (usually referred to as the Construction Act) is common across our jurisdictions, and this case is the first to really consider the status of collateral warranties in relation to the Construction Act.
This decision could have implications on the drafting of collateral warranties, and employers, beneficiaries, contractors and consultants should take note. 

The first webinar in the series focused on the making and handling of claims; standard of proof; remedies; and efficacy of global claims.  A recording of the webinar can be viewed here: https://vimeo.com/73785521

Highlights risk of releasing guarantor from obligations. Case comment on Topland Portfolio No.1 Ltd v Smiths News Trading Ltd [2013] EWHC 1445 (Ch).