“I don’t want a British passport for myself but should I get one for my child?” This is a common immigration-related enquiry, and onemy team and Ihave been asked about by EU nationals repeatedly since the June 2016 referendum vote ...
Not-for-profit Reforesting Scotland’s "Thousand Huts" campaign has spearheaded the regrowth of the hutting community, previously almost entirely eradicated by increasingly strict building regulations. The new Building (Miscellaneous Amendments) (Scotland) Regulations 2017 sets out the framework for ecologically sustainable hut development. What is a Hut? A hut must be a single storey building used as recreational accommodation ...
The ethical consumer market in the UK has increased four-fold since 1999, and now is conservatively estimated at over £40bn per annum. Consumers are actively changing their behaviours in favour of more sustainable and ethical choices. As a result, companies are increasingly creating or adapting their offerings to appeal to these consumer preferences ...
Every day, our digital footprint gets larger as we continue to rely more heavily on technology in our day-to-day lives. From an inheritance and succession point of view, this poses an important question: What happens to our digital assets when we die? Often when writing a will, people will consider any physical property they own as well as any investments and sums held in bank accounts ...
It is a well-established rule of the Housing Grants, Construction and Regeneration Act 1996 (the ‘Act’) that an adjudicator will only have jurisdiction to determine one dispute under a construction contract at any one time, unless their jurisdiction has been extended by consent of the parties ...
An adjudicator’s jurisdiction is central to their ability to determine a dispute between two parties; without it, their decision will be invalid and unenforceable by a court. Conversely, if an adjudicator has jurisdiction, then, as the Court of Appeal has repeatedly emphasised, that adjudicator’s decision must be enforced, even if it results from errors of procedure, fact or law ...
The death of a loved one is a difficult time and situations in which a Will is contested can be an additional burden. Challenging or contesting a Will in Scotland is slightly different from the rest of the UK and this guide is designed to set out the main grounds of challenge to a Will on both sides of the border. Disputes can arise because of a poorly drafted Will, where there is a disappointed beneficiary or where a loved one appears to have been “disinherited” ...
Running a business can be an extremely rewarding experience, but it is not without its challenges. While pandemic-related restrictions have eased, rising energy costs and inflationary pressures continue to cause concern for UK businesses. Further, the personal impact that dealing with periods of distress can have on directors should not be overlooked ...
TheScottish Land Commission recently published their reportinto what it describes as the issues associated with largescale and concentrated land ownership in Scotland. The report draws a number of conclusions and makes recommendations to the Scottish Government about potential future legislative change that might have far-reaching consequences for rural land ownership ...
From 6 April 2022, the way right to work checks are conducted is changing. Virtual or “adjusted” right to work checks will no longer be acceptable Virtual checks were only ever intended as a temporary concession because of the pandemic. While they have been repeatedly extended throughout the pandemic, the Home Office is adamant that they will end once and for all, with 5 April 2022 being the final date on which they can be validly conducted ...
The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021 received Royal Assent on 15 December 2021. The Act implements changes to the Company Directors Disqualification Act 1986 (the CDDA). Importantly, it will allow the Insolvency Service to investigate the conduct of directors of dissolved companies. What is the current position? The CDDA allows the Insolvency Service to investigate the conduct of directors of insolvent companies ...
In the recent case of Shanghai Shipyard Co. Ltd. V. Reignwood International Investment (Group) Company Limited [2021] EWCA Civ 1147 the Court of Appeal (COA) unanimously overturned the first instance decision and found a parent company guarantee to be a guarantee “on demand”. Despite arbitration proceedings having commenced under the underlying contract, the COA found the guarantor liable to pay $170 million under the guarantee ...
Summary Liquidated damages (LDs) are predetermined damages set when a contract is entered into, based on a calculation of the estimated loss likely to be incurred if the contractor fails to meet specific dates. LDs clauses are commonplace in commercial contracts. In construction contracts, they generally apply where the contractor fails to complete works by specified dates due to reasons for which the contractor is culpable ...
All-Energy 2022 was seen by many in the clean energy sector as an opportunity to build on the progress made at COP26 and to set out a route map for Scotland and the UK to achieve their net zero targets. A key focus of this year’s conference was offshore wind, providing an ideal opportunity to reflect on the sector’s achievements to date and its future ambitions ...
As we approach COP26 in Glasgow in November, a vast amount of policy development is underway to help develop the strategies we need to address the global climate crisis. A central challenge is changing consumer behaviour, which is a complex and multi-faceted issue. It raises questions around affordability, such as changing heating systems, purchasing zero emissions vehicles and better insulating our homes ...
Toppan Holdings Limited and Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP In the case of Toppan Holdings Limited (“Toppan”) and Abbey Healthcare (Mill Hill) Limited (“Abbey”) v Simply Construct (UK) LLP (“Simply”) the TCC held that a collateral warranty between Abbey and Simply was not a construction contract and therefore Abbey could not enforce an adjudication between the parties ...
Esports will this year feature in the Commonwealth Games for the first time. Alongside the Commonwealth Esports Championships, the Commonwealth Esports Forum will be held at the same venue on 5 August. The Forum will bring together thought leaders and idea creators to discuss business opportunities and current issues in the esports sector. Competitors and businesses will be travelling to the UK from around the world to participate in the Esports Championships and Forum ...
The holder of intellectual property (IP) rights is entitled to a variety of remedies for infringement of those rights. These include, an order for delivery (or destruction) of the offending goods, interdict (injunction) to restrain any further infringement, and damages or an account of profits. This article focuses on the level of financial compensation available to holders of IP rights once they have established their rights have been infringed ...
The Competition and Markets Authority’s (CMA) Chief Executive, Andrea Coscelli raised concerns in April at “seeing a lot of evidence of anti-competitive conduct in the construction industry”, adding the CMA had “already taken a number of cases in this sector…”. Recent enforcement action from the CMA, outlined below, suggests regulatory intervention is only likely to increase ...
On 22 September, the Presidency released its amended version of the much debated ECC. The new text revealed once again that regulatory holidays and deregulation in telecoms markets are back in vogue. That text suggested that those who argue for regulatory holidays as the driver of investment in telecoms markets had won the favour of one key branch of Brussel’s policy makers ...
Many communities in Scotland are all too aware of the problems associated with living next to land or buildings that are lying vacant or derelict, particularlyin urban areaswhere neglected places are often a magnet for anti-social or criminal behaviour,becomingdumping grounds for rubbish,attracting vermin and generally posing a threat to the safety or health of those living or working in the vicinity ...
This two-part webinar series explores the top construction court cases from 2018, to provide an understanding of the key developments in construction law and adjudication practiceand how these might affect your construction projects and disputes in 2019. 1. S&T (UK) Limited v Grove Developments [2018] EWCA Civ 2448 Grove employed S&T to design and build a new hotel at Heathrow Airport under a JCT Design and Build Contract ...
This two-part series explores the top construction court cases of2018, providingan understanding of the key developments in construction law and adjudication practiceand how these might affect your construction projects and disputes in 2019. Read or watch the first in the series below: the top five construction cases of2018. 1 ...
The issue of online court hearings, and many other types of dispute resolution processes, has been a hot topic over the last few months as restrictions have eased and court users try to figure out what the new normal is, or should be. The Scottish Civil Justice Council has just closed a consultation that seeks views on proposed new rules covering the most appropriate mode of attendance at civil court hearings in the Court of Session and in the Sheriff Courts in Scotland ...
Businesses in the UK entertainment and advertising industries ought to tread carefully when using popular characters born out of TV shows, books or other works unless they have the necessary rights or permissions to do so ...
