ArticleNew Planning Gain But Continuing Financial Pain?The future for "planning gain" in Scotland is unclear (see article Planning Gain – What Next?). United KingdomReal Estate and ConstructionDWF
ArticleAutumn Case Law Update: HighwaysOur team extracts useful practice points from some recent successful defences of highway claims:United KingdomTransportDWF
ArticleScottish Ferry Services - Draft PlanThe Scottish Government has published its draft Ferries Plan, following completion of the consultation on the Scottish Ferries Review (click here to view our article – Scottish Ferries Review – An Update).
ArticleTUPE Or Not TUPE? Key Issues For BusinessesThe TUPE Regulations (Transfer of Undertakings (Protection of Employment) Regulations) were brought in to protect employees of any business which changes hands and where the services provided by employees of one employer are transferred to another employer.United KingdomEmployment and HRDWF
ArticleMs Farnham's Castle and the law of common senseThe injury, on Ms Farnham's journey from home, where she worked, to a client's house, invoked the operation of the CLA.AustraliaEmployment and HRDWF (Australia)
ArticleMs Farnham's Castle and the law of common senseRemote workers who are injured when driving to another workplace are subject to the more limited scheme of CLA damages.AustraliaEmployment and HRDWF (Australia)
ArticlePlaintiff's requests for information - just an exercise in running up legal costsThe decision is a timely reminder that section 279 of the WCRA does not provide a means to ask for excessive information.AustraliaEmployment and HRDWF (Australia)
ArticleMy Health RecordMy Health Record system is under inquiry for items such as expected benefits, opt-out, system roll out, privacy issues etc .AustraliaPrivacyDWF (Australia)
ArticleQuarterly statistics report: health information involved in 24 per cent of data breaches: Australian legal updateThe briefing considers this data protection regime, with useful compliance information for all health service providers.AustraliaPrivacyDWF (Australia)
ArticleA Guide To The Scotland BillThe Scotland Bill was introduced in the UK parliament in November 2010.United KingdomGovernment, Public SectorDWF
ArticlePlanning Permission - A Lawful Start?The existence of an unimplemented planning permission however can cause uncertainty and therefore one of the changes made in terms of the Planning Act in Scotland 2006 was to reduce the duration of a full planning permission from 5 years to 3 years "unless the development to which the planning permission relates is begun before that expiration". United KingdomGovernment, Public SectorDWF
ArticleCopyright In News Headlines And Hyper-Linking Following MeltwaterIn the case of Newspaper Licensing Agency v Meltwater , the English Court of Appeal has upheld a decision of the High Court confirming that copyright can subsist in news headlines. United KingdomIntellectual PropertyDWF
ArticleQualified One Way Costs Shifting: A Counter Fraud PerspectiveSubject to any unforeseen delays, we are now just six months away from a regime of qualified one way costs shifting for personal injury claims.United KingdomLitigation, Mediation & ArbitrationDWF
ArticlePlanning - Nine Months InThe majority of the substantial changes made by the 2006 Planning Act in Scotland became fully effective on 3 August last year. United KingdomReal Estate and ConstructionDWF
ArticlePlanning Obligations And Unilateral Undertakings - A Need For CareHaving regard to the current economic climate, planning authorities may scale back what they seek by way of developer contributions or alternatively become more realistic about the timescale for payment. Contributions from developers are however still a significant part of the planning system in Scotland where of course they can be properly justified.United KingdomReal Estate and ConstructionDWF
ArticleRenewable Energy In Scotland And Planning – Challenges Ahead For DevelopersUntil recently, the renewable energy debate has mainly focused on large scale projects including wind farms and wave energy projects. However, two significant documents have been published about development rights for domestic micro generation equipment and the need to reduce carbon emissions. United KingdomReal Estate and ConstructionDWF
ArticleLLPs And The Companies Act 2006 - Top Ten ChangesNew Regulations applying the terms of the Companies Act 2006 to LLPs will come into effect on 1 October 2009.United KingdomCorporate/Commercial LawDWF
ArticleInsolvency And Re-Structuring Case ReporterIn both corporate and personal insolvency matters, transactions which have been entered into in the period prior to the insolvency commencing may be set aside if it can be shown that the transfer of assets out of the ownership of the company or individual was made at an undervalue, thus reducing the amount available to creditors. United KingdomInsolvency/Bankruptcy/Re-StructuringDWF
ArticleSmart (Out) Sourcing Will Always Be Good BusinessThe current economic climate in the UK certainly presents some significant challenges for businesses and the public sector. United KingdomCorporate/Commercial LawDWF
ArticleBrief Guide To Judical ReviewIn Scotland, the Court of Session has a supervisory power to consider administrative actions to make sure that legal powers have been used lawfully and properly.United KingdomGovernment, Public SectorDWF