Knowledge

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.

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.