Opinion

1-15 of 170 Articles
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A recent ruling by the Inner House of the Court of Session has highlighted the need for parties to take care to understand their contractual obligations when seeking to exercise rights under leases, writes Eilidh Smith. The court ruled that Kuehne+Nagel Limited had been required to pay VAT on a

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The UK Supreme Court will soon have the opportunity to settle the law relating to the proximity issue of plaintiffs as secondary victims in claims arising from clinical negligence, writes Belfast barrister James Stitt. On 13th January 2022 the Court of Appeal of England and Wales handed down judgeme

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See how the cookie crumbles: David J Black recounts a time when politicians, given the chance to practise what they preach, decided to just preach some more.

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Andrew Boccoli believes that a question mark hangs over the continuation of fixed-price arrangements. For the past 20 years, convention in the construction trade has been that contractors take on much of the financial risk when they tender successfully for projects. But, as the world attempts to man

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The Westminster Health and Social Care Committee, chaired by Jeremy Hunt, published its NHS Litigation Reform report earlier this year, recommending a no-fault compensation scheme for medical negligence be introduced in England. No-fault compensation schemes are used in some countries, including New

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Since 1973 and the introduction of the Prescription and Limitation (Scotland) Act, the law governing time limits for bringing claims has remained unchanged, despite many judgments which have highlighted ambiguities in the existing legislation. The Scots law of prescription, which is also referred to

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A six-year long trademark dispute between Sky and SkyKick will finally be decided by the UK’s Supreme Court later this year – a decision which may have significant implications for brand owners. In the UK, trademark applications must designate not only the trademark itself, but also the

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The work of the independent Scottish Covid-19 Inquiry, chaired by Lady Poole, is underway, write Fiona Killen and Hazel Moffat. Its key aim is to report on lessons learned from the Covid-19 pandemic, balancing the need for a rigorous inquiry with a desire to report as soon as possible on those lesso

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Interest rates are on the rise and expected to hit unprecedented levels with some observers predicting a recession on the horizon – both of which will impact commercial tenants and landlords undertaking rent reviews. An open market rent review is where the new rent is calculated as what a tena

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Now that the 'not proven' debate has been settled, defence advocate Tony Lenehan writes about the impending juryless trials pilot and questions the authority on which it has been proposed. I cannot now remember what I was doing in 1994 which distracted me from watching the OJ Simpson trial on televi

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In Oil States Industries (UK) Limited v "S" Limited; Lagan Building Contractors Limited (in administration); John Hansen and Stuart Irwin, the joint administrators [2022] CSOH 52, the argument related to the development of a new office and production facilities for the pursuer. The first defender pr

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Yesterday, the judgment in the case of SD as legal representative of her son, LD v Grampian Health Board, known as NHS Grampian, was issued by the Court of Session. By way of background, on 24 August 2008, the pursuer, SD, gave birth to her son LD at Aberdeen Maternity Hospital. LD suffered severe a

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