CREDO - July 2017

As Summer approaches, good news for Scotland in that it showed good economic growth in 2017 Q1 and avoided going into a technical recession. We’re hopeful that this growth trend will continue.
The Fisheries sector appears buoyant, and the use of Scottish Limited Partnerships in acquisition, investment and financing structures continues to be popular.
Welcome to Credo's Summer edition which we hope you will enjoy. 

NEC4 has arrived. It is evolution not revolution say the NEC4 Contract Board

There are two new forms of contract which join the NEC4 suite. They are the Design Build and Operate Contract (DBO). It is intended to provide an integrated whole-life delivery solution by combining design, construction and operations under one contract with one supplier. The other is the Alliance Contract (ALC) which is first being published in consultation form. More radical in outlook it will be a multi-party contract for use by a number of parties including Client, Contractor, Consultants, etc.

Personal Injury Trusts Explained

A personal injury trust may be relevant to you if you have or are about to receive financial compensation as a result of a personal injury. This compensation could be intended to cover a number of different matters including loss of income, an inability to continue a job and the cost of rehabilitation. Depending on the nature and extent of your injury, you may be entitled to claim certain benefits and local authority care support.

No liability for failure to grit car park

The Outer House of the Court of Session has issued its opinion in the case of Alan Cairns v Dundee City Council

My tenants are finding it hard to pay the rent

Question - My tenants are finding it hard to pay the rent. Even though there are still several months of their tenancy left, we both feel it would be better if they moved on. Can we agree to end the tenancy early?

Risks, warnings and advice: what your clients need to know

In Scotland, the test for establishing professional negligence was authoritatively stated by the Inner House in the seminal case of Hunter v Hanley more than 60 years ago. Lord Patrick set out the tripartite test that has formed the bedrock of professional negligence claims ever since: 1) there must be a usual and normal practice; 2) it must be proved that the defender has not adopted that practice; and 3) no professional person of ordinary skill would have adopted the same course of action as the defender, if acting with ordinary care.

Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill 1 June 2017

After much discussion and anticipation, there is now a bill setting out the Scottish Government’s proposals for the expenses (costs) regime in civil litigation.

In brief the bill provides for the following:

Changes to Environmental Impact Assessment Regulations effective from 16 May 2017

The full suite of EIA Regulations in the UK has been amended with effect from 16 May 2017, giving effect to the EU Directive 2014/52/EU.

Some 17 sets of regulations in the UK have been replaced or amended, nine of those applying to Scotland.

This advice note focuses on the changes effected by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017.

These changes are discussed in the Scottish Government Planning Circular 1/2017.

Employee share plan reporting. Have you reported yours?

Do you operate an employee share plan?  If so this update is relevant to you. 

By no later than 6 July 2017 companies have a reporting obligation to register any new share plans with HMRC, file their 2016/2017 annual share plan return and self-certify any new tax advantaged share plans.

Don’t delay, get online, register, notify and self-certify with HMRC today.

Brexit Advisory Group

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Brodies LLP’s Brexit Advisory Group draws expertise from across the the firm to a ‘one stop shop’ for pragmatic and informed legal advice on the issues raised by Brexit.

With Scotland’s leading EU and constitutional law practice and legal expertise in every area affected, Brodies is uniquely placed to help clients understand and address the many questions to which Brexit the ‘Leave’ vote gives rise. 

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Download our Brexit Q&A Guide
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Christine O'Neill<br>Chairman
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Charles Livingstone<br>Partner
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