ArticleUpholding ‘Apocalyptic Terms' In Exclusion Clauses – Where Are We Now?A valid and effective exclusion clause will operate to limit or exclude damages that may be claimed if a breach of contract occurs. United KingdomCorporate/Commercial LawBrodies LLP
ArticleR V Skansen Interiors Limited: Anti-Bribery And Corruption Compliance – It's Alive…!In a 2018 survey 23% of UK businesses reported having experienced bribery and corruption. This was a sharp increase from 6% in 2016. United KingdomCriminal LawBrodies LLP
ArticleCustodial Sentences For Health And Safety BreachesA company director has been sentenced to 10 years' imprisonment following the deaths of an employee and a customer at his fireworks shop in Stafford. United KingdomEmployment and HRBrodies LLP
ArticleHow Should Payments In Lieu Of Notice Be Taxed From April 2018?From 6 April 2018 all payments in lieu of notice will be taxable, whether contractual or non-contractual. Income tax and class 1 national insurance contributions ...United KingdomEmployment and HRBrodies LLP
ArticleTime To Look At HSE Notices More Closely?Today the Supreme Court issued judgment in a Scottish case concerning offshore health and safety, and in particular the information which could be considered in appeal of notices ...United KingdomEmployment and HRBrodies LLP
ArticleConsenting On Shore Wind – Success RatesMy presentation at the recent Scottish Renewables On Shore Wind conference discussed current issues and trends in consenting, including success rates.United KingdomEnergy and Natural ResourcesBrodies LLP
ArticleEstates In Scotland: Key Considerations For Minor BeneficiariesThe possibility of minor beneficiaries (those under the age of 16) in Scotland receiving an entitlement from an estate brings with it a number of considerations.United KingdomFamily and MatrimonialBrodies LLP
ArticleProposed Changes To Guardianship Procedure In ScotlandDementia Awareness Action Week brings mental health into focus and it is, therefore, an opportune time to reflect on the Scottish Government's recent consultation proposing reforms...United KingdomFamily and MatrimonialBrodies LLP
ArticleBrexit White Paper: Brodies' Sectoral AnalysisThe UK Government recently published its White Paper on "The Future Relationship between the United Kingdom and the European Union", intended to be a blueprint for further Brexit negotiations with Brussels.United KingdomGovernment, Public SectorBrodies LLP
ArticleCase Law Update: Choice Of Law And Forum Shopping In Asbestos LitigationAn Opinion issued by Lord Tyre in the Court of Session last week provides that the applicable law for an asbestos-related claim is the law of the country where the "injury occurred", as opposed to the country ...United KingdomLitigation, Mediation & ArbitrationBrodies LLP
ArticleA Right To Refer A Dispute To Adjudication At Any Time – Unless You're In LiquidationThe Construction Act 1996 gives a party to a construction contract the right to refer a dispute to adjudication "at any time"; however a recent TCC decision in England has held that this rightUnited KingdomReal Estate and ConstructionBrodies LLP
ArticleAppeal Against Listed Building ProposalRecent proposals to designate gasholders as listed buildings shows the importance of the right of appeal introduced in Scotland in 2015.United KingdomReal Estate and ConstructionBrodies LLP
ArticleChange Is Coming On Agricultural StrategyThere has never been a more opportune time to discuss the future agricultural strategy for Scotland. United KingdomReal Estate and ConstructionBrodies LLP
ArticleEIA Regulations: One Year OnThe new EIA Regulations were introduced in May 2017. Scotland's 2018 EIA Community Conference provided interesting insights into the state of EIA one year on.United KingdomReal Estate and ConstructionBrodies LLP
ArticleEngaging Communities – What Does The Guidance Actually Say?Followers of land reform in Scotland will be aware that the implementation of the Land Reform (Scotland) Act 2016 is an ongoing process.United KingdomReal Estate and ConstructionBrodies LLP
ArticleFlow-down Drafting: More Than Just A Back-to-back ExerciseBack-to-back drafting is a familiar feature of construction contracting where the contractor accepts an obligation under the main contract and seeks to pass it down to the subcontractor responsible for that part of the works.United KingdomReal Estate and ConstructionBrodies LLP
ArticleUsing Drones In UK Forestry: The Practical Legal ConsiderationsExplore recent developments in Scottish land reform, community ownership rights, timber transport funding, and key legal cases affecting landowners. These insights examine practical implications... United KingdomReal Estate and ConstructionBrodies LLP
ArticleWindfarm Life Extension: Consenting And Real Estate PracticalitiesExtending the life of windfarms is increasingly being seen as an alternative to – or a means of postponing – repowering.United KingdomReal Estate and ConstructionBrodies LLP
ArticleTackling The Plastic Problem: Using The Tax System Or Charges To Address Single-Use Plastic Waste - The UK Government Announces A ConsultationThe UK Government has announced bold ambitions to be "the first generation to leave the environment in a better state than we found it". United KingdomTaxBrodies LLP
ArticleCompulsory Purchase OrdersWith an increasing number of major public projects underway, such as the dualling of the A9 and A96, many rural landowners are being faced with the prospect of compulsory purchase.United KingdomTransportBrodies LLP