Shepherd and Wedderburn LLP

Background FK Construction Limited (“FK”) was sub-contractor to ISG Retail Limited (“ISG”) for works involving roofing and cladding in relation to ISG’s Project Barberry. FK issued an application for payment of £1,691,679.94. ISG failed to issue a payment notice, submitting a pay less notice instead. The sum sought by FK was not paid, and FK referred the dispute to adjudication. The adjudicator’s decision (“the Wood Decision”) was that ISG had to pay FK the whole sum applied for because ISG’s pay less notice was late and therefore invalid. ISG did not comply, and FK raised enforcement proceedings...

Figures from Homes for Scotland indicate that there is currently a shortage of almost 100,000 homes in Scotland. According to their most recent figures, 25,000 new homes are needed each year to keep pace with need and demand – and that figure was last met in 2007. Let those figures sink in. That could mean 100,000 families priced out of the housing market because demand is outstripping supply or 100,000 older couples unable to downsize (and free up larger family homes) because smaller, more suitable, homes are not available...

Fraser Mitchell has re-joined Shepherd and Wedderburn as a Partner in the planning team, bringing to the firm and its clients almost two decades’ planning expertise, with a particular focus on the housebuilding, commercial property and clean energy sectors. Fraser, who trained at Shepherd and Wedderburn and spent a number of years in the planning team, adds further strength in depth to the firm’s market-leading planning practice. He returns to the firm from Shoosmiths, where he led the planning and environment team in Scotland, advising on all aspects of planning, roads, and compulsory purchase law...

Peter Smith has joined Shepherd and Wedderburn as a Commercial Property Partner, heading the firm’s real estate team in the Aberdeen office and bringing 19 years’ expertise advising clients in the real estate sector. Peter will lead the development of the firm’s real estate practice in the north-east of Scotland to further strengthen its presence in the region. Peter, who joined Shepherd and Wedderburn on 1 August, had been a partner in Burness Paull’s commercial real estate team since 2012...