‘The first thing we do, let’s kill all the lawyers’

By Darren Murdoch, trainee solicitor, Waddell & Mackintosh Solicitors, Troon.

Published 21 February 2017

Blog: How agricultural tenants can recoup improvement costs

Hamish Lean explains the compensation regime for improvements made during an agricultural tenancy.

Published 20 February 2017

Blog: Lessons to learn from Glendoe Hydro Electric Scheme litigation

Colin Clelland discusses two important points regarding NEC 3 contracts following a recent Court of Session case.

Published 17 February 2017

Blog: The costs of recovering information

Published 15 February 2017

Update: Sheriff Appeal Court considers “intention” in payment notices

The requirements of a valid payment notice issued under a construction contract were considered in a previous update: “A Payment Notice? Be Clear?” with reference to the case of Surrey and Sussex Healthcare NHS Trust v Logan Construction (South East) Ltd (“Surrey and Sussex”) a decision of the English High Court. In the week following this decision the Scottish Sheriff Appeal Court was similarly tasked with determining the validity of payment notices in Trilogy Services Scotland Limited v Windsor Residential (“Trilogy”).This update from David Wilson and Rebecca Barrass considers the approach taken in Trilogy and the impact the differing decision will have on the validity of payment notices issued under construction contracts. 

Published 14 February 2017

Blog: Scam retirement lessons for business

Why a rugby ace’s mysterious retirement offers valuable lessons for holding on to business prize assets, writes Graham Millar.Johan Goosen announced his immediate retirement from rugby (aged just 24) and is now listed as a commercial director in his native South Africa.Rumour has it he wanted a move to an English club but, having extended his contract, this was not a viable option for suitors across the Channel. By "retiring", Goosen hoped to effectively rip up his contract to switch to rainier climes.

Published 10 February 2017

Kay Springham QC: The sanctioning powers of regulatory bodies – when erasure is too harsh

It is every professional’s worst nightmare – a complaint is made and investigated by your regulatory body. What is worse is if the complaint is upheld, and a decision has to be taken on the sanction to be imposed, writes Kay Springham QC, of Compass Chambers.

Published 9 February 2017

Blog: Farwell Jus Quaesitum Tertio, hello third party rights

Contractual third party rights, one of Scotland’s most antiquated and inflexible laws is about to get the 21st century treatment as a new bill was introduced last week in the Scottish Parliament, writes Gillian Craig.

Published 9 February 2017

Update: A payment notice? be clear!

Published 1 February 2017

Blog: Crown estate changes – the impact on Scotland’s ports and harbours

The Scottish government has issued “A Consultation on the Long Term Management of the Crown Estate in Scotland". In April 2017 Scottish Crown estates assets will be transferred to a new interim body. Chris Mackay  looks at what this will mean for our ports and harbours.

Published 31 January 2017

Blog: Raising the bar on legal technology

A data breach is the unintended disclosure of private data. For some, this means clients’ personal details, for others, it is a leak of critical data about a major acquisition or merger. Every hour approximately 157,154 records are stolen or leaked into the public domain and the cost of a data breach has risen 29 per cent since 2013, with an average cost per incident of $4 million in 2016.

Published 27 January 2017

Blog: The year ahead for employment law

Katy Wedderburn takes a look at the year ahead in employment law.

Published 24 January 2017