Knowledge

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).

The ICSA has published new guidance on terms of reference for audit, remuneration, nomination, risk and executive committees, as well as new guidance on matters reserved for the board. The new guidance notes have been revised to reflect the updated editions of the UK Corporate Governance Code (“Code”) and FRC Guidance on Audit Committees published in September 2012 and which apply to all companies with a premium listing with reporting periods beginning on or after 1 October 2012.

Property disputes are unavoidable in today’s real estate market. Shepherd and Wedderburn’s highly respected Property Dispute Resolution team has a reputation for providing a commercially sound and pragmatic approach to resolving property disputes.

This is the latest article in our series exploring joint ventures in the Energy & Natural Resources sector. Previously we considered the legal mechanisms available to parties when seeking to terminate a joint venture faced with a deadlock situation.

The provisions of section 178 of the Insolvency Act 1986 are often relied upon by liquidators in England and Wales to abandon company property that is unprofitable or carries significant liabilities. However, these rights are not available to a liquidator appointed to a Scottish company.

This paper is the first in a series of briefing papers which we will be issuing to explain some of the legal issues surrounding joint ventures for the energy and natural resources sector. 

Unconventional oil and gas is having a transformative effect on the US economy. The UK Government sees gas as an integral part of the UK’s electricity generation mix until at least 2030 and is  keen to develop the UK’s unconventional resources.  It has taken and is taking a number of steps to encourage onshore exploration.

Section 57(2) of the Town and Country Planning (Scotland) Act 1997 permits the Scottish Ministers, on granting a consent under section 36 of the Electricity Act 1989 in respect of an operation that constitutes “development”, to direct that planning permission for that development and any ancillary development be deemed to be granted

The second in our series of briefing papers, which we will issuing to explain some of the legal issues surrounding joint ventures for the energy and natural resources sector, focuses on the legal mechanisms available to parties when they are simply unable or unwilling to continue a joint venture.

Pensions Investment Research Consultants (PIRC) has just published the 17th edition of its UK Shareholder Voting Guidelines, replacing the version published last year.

Last month, as part of the Autumn Statement, the Chancellor, George Osborne, released details of the outcome of the Government’s review of the Private Finance Initiative and announced its successor, PF2. This article will highlight some of the key changes and compare PF2 to the approach taken in Scotland under the Non-Profit Distributing Model (“NPD”).

The recent High Court case of R (Valley Action Group Ltd) v Bath and North East Somerset Council seems to indicate that planning authorities would do well to include more into their interpretation of what constitutes development if they wish to be sure of escaping challenge, and broaden it if necessary so as to include, wherever possible, projects which require environmental impact assessment.

Insurance is one of the essential aspects of commercial property that no landlord, tenant, owner or occupier can afford to be without, and every contract or lease will need to provide for the subject-matter of that document to be protected to some extent.  Having adequate cover, and, in the case of a landlord, the ability to recover the costs of the insurance, is essential.  Two recent English cases – Green v 180 Archway Road Management Co Ltd and Stannard (t/a Wyvern Tyres) v Gore illustrate the importance of keeping on top of insurance obligations.