Knowledge


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28 February 2020

Outer House upholds entirety of adjudicator’s decision against barrage of enforceability claims and endorses the ‘core nucleus’ principle

Contributor: Iain Drummond

A recent decision from the Court of Session, Field Systems Designs Limited v MW High Tech Projects UK Limited, endorses the ‘core nucleus’ principle for the purposes of severability as the Outer House upholds entirety of an adjudicator’s decision against a barrage of arguments against enforcement.

28 February 2020

“Without prejudice” label not enough to protect contents for the purposes of considering time-bar

Contributor: Iain Drummond

Outer House of the Court of Session holds that a “without prejudice” label alone is not enough to protect the contents of the letter for the purposes of considering time-bar.

3 February 2020

Crucial distinctions in types of tenancy

Contributor: Hamish Lean

Secure traditional agricultural tenancies versus a short limited duration tenancy (SLDT), limited duration tenancy (LDT) or modern limited duration tenancy (MLDT). 

3 February 2020

VB M&E Group Limited & VVB Engineering UK Limited v Optilan (UK) Limited: is actual payment required under a vesting certificate for title to pass?

Contributor: Iain Drummond

With the increase in offsite construction it is not unusual for parties to make payment for materials prior to their delivery to site.
In these circumstances employers will require that title in materials has passed to or been “vested” in them. This is often done by way of a “vesting certificate”.

29 January 2020

Top construction cases of 2019 webinar series

Contributor: Iain Drummond

Watch our webinars exploring the most important construction and adjudication court cases of 2019 again on-demand.

23 January 2020

What a relief! Inheritance tax and farmhouses

Contributor: Douglas Sinclair

When is an estate eligible for reduced inheritance tax through Agricultural Property Relief?

17 January 2020

Psychology of negotiation – 2020 webinar series

Contributor: Ben Pilbrow

Watch our “psychology of negotiation” webinar series again, providing you with insights to improve the potential for you and your business to achieve the desired outcome in negotiations and avoid costly litigation where disputes arise. 

13 January 2020

Charitable status for Scottish independent schools: is it worth it?

Contributor: Malcolm Rust

The independent schools sector in Scotland is enduring an unprecedented period of uncertainty and change. The economic future of the sector in the short to medium term is under threat, as independent schools are facing increasing financial strain from recent legislative changes.

9 January 2020

On what grounds can an adjudicator’s decision be reduced?

Contributor: Iain Drummond

A recent decision from the Court of Session, Babcock Marine (Clyde) Limited v HS Barrier Coatings Limited, considers in what circumstances an adjudicator’s decision can be set aside for failure to exhaust jurisdiction and a breach of natural justice.

7 January 2020

Royal Mail stamped a first class penalty: advice from economic advisers is not privileged

The Competition Appeal Tribunal (the “CAT”), has handed down its decision in relation to an appeal by Royal Mail against a decision of Ofcom, concerning discriminatory pricing in relation to the supply of bulk mail delivery services in the UK.

6 January 2020

Resisting enforcement of an adjudicator’s award: how insolvent does the payee need to be?

Contributor: David Anderson

A closer look at the circumstances in which the courts might decide to stay the enforcement of an adjudicator’s award on grounds of payee insolvency, with reference to recent case law in both England and Scotland.

3 January 2020

Employers’ right to recover costs of rectification works dented but not demolished by defects liability clause

Contributor: Iain Drummond

A recent judgement from the High Court of Singapore follows the common law trend of allowing the recovery of damages for rectification of defects even in circumstances where the defects liability period is ongoing. 

31 December 2019

Is it possible to disinherit your children in Scotland?

Contributor: Douglas Sinclair

The Scots Law of Succession provides certain fixed rights of inheritance, known as “legal rights”, that can be claimed by an individual’s spouse, civil partner and children, regardless of what is stated in one’s will – but there are two important points to bear in mind.

31 December 2019

Funding your child’s university education – a handy guide to tax-efficient financial planning

Contributor: Christopher McGill

Chris McGill offers a handy guide with ten tips on funding your child’s higher education.

12 December 2019

Weather disruption: seven tips for employers

Contributor: Neil Maclean

Adverse weather conditions, such as stong winds, snow and heavy rainfall can lead to flooding, damage and major travel disruptions. We offer some guidance for employers on how to deal with weather-related absence.

12 December 2019

Health and safety inspections in the workplace: A handy guide

Contributor: Kevin Clancy

What you need to know about preparing for a health and safety inspection, and how you ensure compliance in your own business.

3 December 2019

Are you entitled to your expenses for a “dawn raid”, if you don’t raise a subsequent claim for damages?

Contributor: Ruairidh Leishman

Often a party will have good grounds to suspect that their confidential information is being misused by a third party. However, in order to prove this they need to recover the evidence from them or from someone else.
There is usually also a concern that the person who has misused the information will take steps to destroy or conceal evidence, if they are made aware of a potential claim.
In these circumstances, it is possible to apply to the court and obtain permission to conduct what is commonly referred to as a “dawn raid” or “search and seize order” to recover evidence.

29 November 2019

Crystallisation of disputes: Notice of Adjudication deemed premature by Court of Session

Court of Session deems Notice of Adjudication ‘premature’ where material elements of dispute had not crystallised.

26 November 2019

Incoterms 2020: the new rules governing global freight transportation

Contributor: Alison Rochester

Gareth Parry and Alison Rochester summarise the International Chamber of Commerce Incoterms 2020 rules due to be introduced 1 January 2020, the key changes from the 2010 edition, and the potential impact upon existing trade and contract arrangements.

24 November 2019

How can I save money using the Residence Nil Rate Band?

Contributor: Douglas Sinclair

While the introduction of the RNRB did provide significant inheritance tax savings for many families, the rules are complex and individuals need to check that they meet the necessary requirements.

19 November 2019

Court of Session provides for part enforcement of an adjudicator’s decision

Contributor: Iain Drummond

Key Scottish decision on severance in Dickie & Moore Ltd v The Trustees of the Lauren McLeish Discretionary Trust.

15 November 2019

The right to privacy and remedies for misuse of private information

Few would disagree with the view that the common law strives to uphold the principle that an “individual shall have full protection in person and in property.” Nor that “recent inventions and business methods call attention to the next step which must be taken for the protection of the person, and for securing…the right ‘to be let alone’.” But it may come as a surprise to learn that those words were written in 1890.

12 November 2019

What insolvency practitioners need to know about sponsor licences

Contributor: John Vassiliou

Insolvency practitioners need to be aware of their responsibilities when being appointed administrators to a company that holds a sponsor licence.