Lewis Richardson and Sian Keddie recently represented the defenders in Nicola Bruff v Royal & Sun Alliance Insurance Ltd. They explain the case below. In the ever-changing landscape of qualified one-way cost shifting (QOCS), defenders have found themselves fighting an uphill battle to recover th
Opinion
Ailsa Ritchie comments on the construction policy note which has introduced a Graduated Pricing Mechanism as an alternative method of determining price score in tender evaluation. Guidance setting out a new method of determining the price score in tender assessments for construction projects has bee
Neil Kelly examines a case in which the Supreme Court ruled that a collateral warranty isn not considered a construction contract eligible for quick resolution under the Housing Grants (Construction & Regeneration) Act 1996. In a very significant decision for the construction sector issued,
The Circular Economy (Scotland) Bill was passed by the Scottish Parliament on 26 June. Sustainable production and consumption are essential for net zero and the bill aims to support an economy which minimises waste and emissions through supporting re-use, refurbishment, maintenance and recycling. Ac
CEO of Scottish property portal ESPC, Paul Hilton, shares his thoughts on how the new UK government could help to bring about much-needed change in Scotland’s housing. While housing is a devolved matter, ESPC hopes that the promises made by Labour in the recent general election might help to b
The Scottish government is seeking to address some of the overly restrictive aspects of the short-term let licensing rules, but the measures may not be enough to tackle “unnecessary” regulation and financial burdens faced by the Scottish tourism industry, writes Kirsty Gallacher. In
Earlier this week, Buckinghamshire-based businessman Aasim Johar was jailed for seven years for his role in a £3.3m cleaning products fraud at the University of Edinburgh which ran from 2005 until 2015. Johar had been acting together with Geoff Turnbull who, at the time of the offence, was the
For Pride Month 2024 members of Shepherd and Wedderburn’s Pride Network write on this year’s topic of LGBTQ+ inclusion in television. This month, we are given an opportunity to educate ourselves and others; an opportunity to support and uplift a community; an opportunity to observe and p
Alison Woods examines the employment law reform proposals of the main UK parties and discusses what both employees and employers should expect. As the July general election approaches, we are seeing key differences between the main Westminster parties on the issue of employment law reform, which wil
Solicitors should support alternative business structures at the AGM of the Law Society of Scotland on Thursday, writes Brian Inkster. Section 47 to 49 of the Legal Services (Scotland) Act 2010 allowed for the creation of licensed legal service providers (commonly referred to as alternative business
In a landmark decision, which adds to the growing global body of climate-based jurisprudence, the Supreme Court has held by a majority that before a developer is allowed to proceed with a project that extracts fossil fuels, it must carry out an Environmental Impact Assessment (EIA) that assesses the
Two recent decisions of the Sheriff Appeal Court provide further guidance on the approach to awarding legal expenses depending on the outcome in potentially fraudulent claims, writes Julie Fisher. In James Nelson v John Lewis Plc, the pursuer was on a nightshift, stacking shelves at Waitrose in Edin
We’re Scotland, so when it comes to major football tournaments we haven’t exactly been clocking up the air miles over the years, writes Robert Holland. However, under the stewardship of Scotland boss Steve Clarke, things have changed for the better. We reached Euro 2020 (actually he
Change is coming to rent reviews for traditional agricultural tenancies. The Land Reform (Scotland) Bill which is at present going through the Scottish Parliament contains proposals to change the law in relation to how rent reviews are to be dealt with, writes Hamish Lean. Currently, rents are revie
Narcissists of minor repute, for whom notoriety is more achievable than fame, have bitten the hand that feeds them in their latest attack – on the UK's book festivals. David J Black adduces evidence of their hypocrisy, among other things. They never seem to bother with the detail or consider t