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  • Article

    The High Court Underlines The Importance Of Local Authorities' Duty Of Candour

    Judicial review is a distinctive type of litigation, which is grounded in the principles of fair and rational decision-making, the public interest, and upholding the rule of law.
    United KingdomLitigation, Mediation & Arbitration
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    What Is The Correct Forum For Enforcement Proceedings?

    Babcock engaged HSB to carry out ship lift docking cradle re-preservation works at Her Majesty's Naval Base Clyde. The contract was based on the NEC 3 Engineering and Construction Short Contract (June 2005).
    United KingdomLitigation, Mediation & Arbitration
    Shepherd and Wedderburn
Shepherd and Wedderburn
  • Article

    Financial Fair Play And PSG: Do Players And Agents Need To Be More Concerned?

    Crazy, madness, there is nothing like football.
    United KingdomMedia, Telecoms, IT, Entertainment
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Privatising Personal Identity – Part Two – Who Owns Personal Data

    In the second of a series of short articles, political economist Eben Wilson (St Andrews) explores the connection between law and economics in the world of big data.
    United KingdomPrivacy
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Adjudication: Lame Submissions, Indemnity Costs And Set-off

    This case concerns an adjudicator's decision issued on 7 December 2020. The adjudicator found in favour of Faithdean plc, ordering Bedford House Ltd, the employer, to repay deductions ...
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Check Your Agreement To Avoid Joint Tenancy Pitfalls

    Hamish Lean discusses the importance of checking your joint agricultural tenancy agreement to avoid problems that can arise following the death of a partner.
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Collateral Warranties As Construction Contracts: A Cautionary Tale

    In the case of Toppan Holdings Limited ("Toppan") and Abbey Healthcare (Mill Hill) Limited ("Abbey") v Simply Construct (UK) LLP ("Simply") the TCC held that a collateral warranty between Abbey and Simply was not a construction contract.
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Commercial Leases: Is The Tenant Or The Landlord Responsible For Extraordinary Repairs?

    Two Court of Session decisions clarify when tenants can be held liable for extraordinary repairs under full repairing and insuring leases in Scotland. The cases establish that broad repairing obligations alone are insufficient to transfer responsibility for substantial renewals and structural damage from landlords to tenants without express contractual language.
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Consultation On The 2011 Changes To The Construction Act

    As part of its commitment to better regulation, the UK Government has released a consultation to support a review of the changes to the Housing Grants, Construction and Regeneration Act 1996 ...
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Crofters' Appeal Unsuccessful As Inner House Find In Favour Of Landowner

    Four crofting townships appealed against the Crofting Commission's refusal to approve their application for a particular use of their common grazings at Sandwickhill North Street in Stornoway.
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Grove Developments Ltd V S&T (UK) – Will ‘Smash And Grab' Claims Continue?

    The recent appeal case Grove Developments Ltd v S&T (UK) ("Grove") has triggered a lot of discussion on the impact of ‘smash and grab' adjudications. Here we consider the key points of the case...
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Having The Last Word – Finality Clauses In Leases

    No-one enters into a lease of commercial property looking for a fight, but experience has shown it is prudent for the parties to provide for what will happen if a dispute arises
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Hey, WhatsApp! You Owe Me Money! £250,000 Demolition Contract Agreed Over WhatsApp

    In Jaevee Homes Limited v Mr Steve Fincham, a court found that WhatsApp messages constituted a valid construction contract and that invoices were valid payment notices.
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Paying A Lidl More Attention To The Final Date For Payment

    Lidl v Closed Circuit Cooling was decided in September 2023. This case considered the validity of payment terms in a construction contract between national food retailer...
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Resolving Rural Disputes: Open Water And Occupiers' Liability

    With the rise in open water swimming, landowners and occupiers must consider their duty of care under the Occupiers Liability (Scotland) Act 1960. They need to ensure safety measures, such as clear signage and risk assessments, especially for organized events, while recognizing that some inherent risks are willingly accepted by swimmers.
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Tacit Relocation – A Quick Guide

    Did you know that in Scotland commercial leases generally do not end automatically on expiry of the contractual term? Further beware that for leases on sites larger than two acres, different rules apply.
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    The Oscar For Best (Souvenir) Plot Goes To…

    Controversially, the ‘Everyone Wins' goody bags gifted to this year's Oscar nominees included "the title of Lord or Lady of Glencoe, along with a small plot of land in Scotland".
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    VB M&E Group Limited & VVB Engineering UK Limited V Optilan (UK) Limited: Is Actual Payment Required Under A Vesting Certificate For Title To Pass?

    With the increase in offsite construction it is not unusual for parties to make payment for materials prior to their delivery to site.
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    What Is An FRI Lease And Do I Need One?

    FRI stands for a "full repairing and insuring" lease: one that shifts all obligations of repair and maintenance of the premises onto the tenant.
    United KingdomReal Estate and Construction
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Article

    Negotiations: Why Do We Hate To Lose?

    The art of strategic negotiating is a learned skill.
    United KingdomStrategy
    Shepherd and Wedderburn
    Shepherd and Wedderburn
  • Showing 681–700 of 1393 results

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