News & Analysis as of

Scotland

Construction Contracts: When Is Industry Best Practice Not Good Enough?

by Jones Day on

The Situation: A recent ruling in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited by the UK Supreme Court gives guidance on construction contracts where the contractor undertakes both to deliver a...more

Exclusive remedy clauses: A cautionary tale

by DLA Piper on

Oil and gas suppliers, faced with difficult market conditions, will look to take full advantage of the contractual machinery at their disposal to limit their liability to contractual counterparties. A prime example of that is...more

New Scottish private residential tenancy regime to come into force on 1 December 2017

by DLA Piper on

Regulations have been published confirming that the new form of Scottish residential tenancy (known as the "private residential tenancy" (or "PRT")) will be introduced on 1 December 2017, being the date on which the main...more

Speech: The tortuous path to the UK's exit from the EU

by DLA Piper on

The political consequences of the referendum - On 23 June 2016, the UK voted by a 52:48 majority to leave the European Union. A day later David Cameron resigned as Prime Minister. The country was plunged into a state of...more

Asset Management Regulatory Roundup - July 2017 - Issue 1

by Dechert LLP on

A compact summary of the most recent regulatory developments relevant to the UK asset management industry. In this issue we look at the extension of the PSC regime to Scottish limited partnerships and AIM listed companies,...more

Conditions Precedent to Liability in Insurance Contracts - Part One

by Cozen O'Connor on

Conditions Precedent — The Traditional Position - English insurance law has traditionally provided a suite of uniquely powerful remedies to protect underwriters. They included (a) the remedy of complete avoidance...more

AIM companies and Scottish partnerships to be brought within the scope of the PSC register regime

by Dechert LLP on

From 24 July 2017, UK companies whose shares are admitted to trade on the London Stock Exchange’s AIM market, and other companies listed on prescribed markets, will no longer be exempt from the requirements to keep and...more

Changes to the UK ‘Persons with Significant Control’ Regime and Potential Impact on UK Fund Structures

by Proskauer Rose LLP on

This week, the Fourth Anti-Money Laundering Directive came into force in the UK. Among the changes arising from the transposition of the Directive in the UK has been to broaden the "persons with significant control" (PSC)...more

Edinburgh Royal Hospital for Sick Children community right to buy application declined

by DLA Piper on

The Royal Hospital for Sick Children, Edinburgh is located in Marchmont and Sciennes, a leafy, desirable, residential area located a mile or so to the south of the city centre. The site extends to just over 4 acres and...more

Brexit Update – The UK Supreme Court Ruling on Article 50, the Great Repeal Bill and the Commencement of the Departure Process

by White & Case LLP on

In the January edition of the Delta Report, we discussed the pending Article 50 challenge before the UK Supreme Court (the "Supreme Court") and highlighted some of the issues and uncertainties surrounding Brexit, in...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a jury verdict in the Quinteros v. DynCorp litigation; the latest...more

Termination for convenience: What is the contractor entitled to?

by White & Case LLP on

Construction contracts often include termination for convenience clauses. Three recent cases highlight the potential financial implications of terminating for convenience....more

Brexit: 10 things you need to know about Article 50

by DLA Piper on

The UK Prime Minister Theresa May has triggered Article 50 of the Treaty on European Union. This starts a two-year period during which the UK's exit from the EU will be negotiated. Read our analysis of the Brexit process...more

BREXIT – IT’S REALLY HAPPENING – From Parliament in London

Barely thirty minutes after Prime Minister Theresa May commenced her address to Parliament at noon yesterday, Tim Barrow, the UK’s representative to the EU, hand delivered its Article 50 Notice to Donald Trusk, the President...more

Déjà VUCA – the (formal) return of the Scottish Referendum debate…

by Hogan Lovells on

The Scottish Government has a track record in taking pre-emptive action when it comes to Scottish referendums on independence. Back in January 2012, the UK Government accepted a request to legislate to provide the...more

5 Ways to Brexit–Proof Your Existing Contracts

by Dechert LLP on

Companies should be reviewing their existing contracts — at least those which may still apply at the point of Brexit — and amending the standard terms of business they propose to use from now on, to account for when the UK...more

Contractor not liable following tunnel collapse

by White & Case LLP on

A recent Scottish case absolved a contractor from liability for the collapse of a tunnel as part of a hydroelectric scheme. This was because the contractor exercised reasonable skill and care, and did not guarantee the...more

On the Horizon

by DLA Piper on

Welcome to the January 2017 edition of "On the Horizon" - the mining sector's guide to relevant upcoming legal, commercial and regulatory changes and developments. - In this guide, you will find ... Please see full...more

Scottish government to reform approval process for new end-of-life and orphan medicines

by Hogan Lovells on

The Scottish government has announced plans to implement the 28 recommendations proposed in an independent review of access to new end-of-life, orphan and ultra-orphan medicines by patients in Scotland, published in a report...more

A rise in health and safety fines in Scotland?

by DLA Piper on

In a recent ruling the Criminal Appeal Court in Scotland determined that Scottish Courts should fix penalties for health and safety offences by reference to not only existing Scottish case-law, but also the new 2015...more

Will the Scots scupper Brexit?: Scotland given permission to intervene in landmark UK Supreme Court case on triggering of Article...

by Bryan Cave on

The UK Supreme Court on 18th November 2016 gave permission to the Lord Advocate of Scotland, on behalf of the Scottish Government , to intervene in the UK Government’s forthcoming appeal against the English High Court’s...more

Court confirms no right of correction for tender proposals after deadline

by Bryan Cave on

On 19 October 2016, the Scottish Court of Session in the Renfrewshire Council case [ 2016 ] CSOH 150 CA 78/16 (Dem-Master Demolition Ltd V Renfrewshire Council as lead authority for Scotland Excel) confirmed that a...more

Brexit: What’s Ahead? Let the Games Begin

by Foley & Lardner LLP on

This is the fourth in an ongoing series of Dashboard Insights blog posts on the implications of the June 23, 2016 voter referendum in the United Kingdom (“UK”) to exit the European Union (“EU”) (“Brexit”). Prior articles...more

Back to basics: enforcing a judgment in Scotland

by DLA Piper on

The aim of a payment action is to recover monies due. Obtaining a positive judgment from the court is just the first step in that process. The party with the benefit of the judgment still needs to enforce the order if payment...more

Scottish Government publishes consultation on model form of new private residential tenancy

by DLA Piper on

The Scottish Government has published a consultation paper seeking views on secondary legislation and further policy to support the new private residential tenancy being introduced under the Private Housing (Tenancies)...more

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