In a case of potentially significant consequence for litigants and their advisors, the High Court has drawn a stark distinction between the advice given by claims consultants and that given by solicitors and barristers.

When the European Convention on Human Rights was introduced as being directly enforceable in the UK, there was considerable speculation about the impact that direct applicability of the Convention would have on UK domestic law.

As well as the legislative reform under the Planning etc (Scotland|) Act 2006 (currently in the course of implementation), the Scottish Government have embarked upon a process of practical reforms which are likely to impact upon the effective operation of the planning system.

Following our report in the July Insurance Brief on the Court of Appeal decision in Berent v Family Mosaic Housing & Another (2012), Robbins v Bexley London Borough Council (2012) is the latest case on the issue of local authority liability for tree root damage to come before the courts.

Employees with psychological impairments are not protected from termination because of performance or misconduct issues.

On 27 July 2012 the Divisional Court sentenced three fraudsters to prison for contempt of court. John Palmer, Director in DWF’s Local Authority team, acted for Havering Council in their successful contempt application.

An earlier recognition of deterioration and transfer for appropriate care could have improved his chances of survival.

All brand owners strive for their trade mark to be instantly recognisable to consumers’ eyes and ears.

Employers must enquire whether the injured employee could perform the job if reasonable adjustments were made.

To establish the peer defence, medical practitioners must show that an established practice existed at the alleged time.

The court required that a staff member, if subject of an investigation, be given natural justice and procedural fairness.

Collaboration has always been a vital part of the Life Science and Medical Device sectors. In the current demanding economic conditions, effective partnering and collaboration arrangements are key for small Scottish companies in developing the next generation of products.

The Government announced in December 2010 that anti-avoidance legislation will be introduced in Finance Bill 2011 concerning third party arrangements used to avoid, reduce or defer liabilities to income tax and NICs on rewards from employment or to avoid restrictions on pensions tax relief.

Public bodies putting contracts out to tender should do more to prepare for and mitigate against the potentially devastating risk of an ineffectiveness order following a legal challenge in Court, writes Farah Al-Hassani, a solicitor in Biggart Baillie’s Infrastructure, Environment & Transport Department.

The recent issue over planning permission for a small part of the extended site of the T in the Park festival gives some profile to an issue which can sometimes come as a surprise to and land owners.

The issue of court expenses is a topical one. Lord Gill made reference to the costs of litigation in his recent report and Lord Justice Jackson has just come out with a far reaching report in England.

Most of us take our ability to drive for granted.

Scotland, like many jurisdictions, has a long history of arbitration being an acceptable means of dispute resolution.

Scotland, like many jurisdictions, has a long history of arbitration being an acceptable means of dispute resolution.

Since the Planning (Scotland) Act was passed back in 2006 we have seen the progressive implementation of the Act.