Insolvency, and the difficulties it creates regarding interim payments, has always been a thorny issue. These difficulties were evident in 2007 in the well-known case Melville Dundas Ltd v George Wimpey Ltd, which considered the position prior to the Local Democracy, Economic Development and Construction Act 2009 (LDEDC 2009). The LDEDC 2009 amended the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and introduced an amended s 111 (10), which confirmed the effect of what had been decided in Melville Dundas.
In recent years, the so-called Autumn Statement (which has moved closer to Christmas than most people’s idea of autumn) has involved as many announcements of tax changes as actual details of spending plans. Not this year – tax announcements in the Chancellor’s statement were at a minimum – with not much more to be found in the detailed material published as Mr Osborne sat down.
The Health and Safety Executive (HSE) has opened its consultation on implementing Directive 2013/35/EU, which concerns health and safety requirements arising from the risks posed by electromagnetic fields (EMFs).
Scottish Appeal Judges have upheld an award of £30,000 to a claimant principally for the defenders’ solicitors’ failure to lodge a valuation of claim on time, providing a stark warning to all parties about the need for strict adherence to the personal injury court timetable.
Employers and contractors working on construction projects work with a wide range of sub-contractors- please beware that the law is putting increasing pressure on businesses to monitor both their own operations and those of their supply chains. Those who fail to do so face the prospect of investigation, prosecution and serious damage to their reputation. Management of this risk is key to protecting both you and your business.
Many of our clients across a range of sectors have been following the progress towards the implementation of section 54 of the Modern Slavery Act 2015, regarding transparency in supply chains, with interest.
The most recent statistics from HSE tracking the number, and type of reported incidents, as well as prosecutions, have now been produced. The statistics reveal that 142 workers were fatally injured in the UK during 2014/15 – an increase of 4.4% from the previous year. In the previous five years, the numbers had been reducing. Last year’s increase therefore goes against the trend. Construction, agriculture and waste accounted for 35, 33 and five fatal injuries to the workers respectively.
Many of you will have seen the headlines following an investigation by BBC London and Newsnight showing that centres issuing CSCS cards have been caught allegedly rigging construction safety exams. Worker competency has always been an issue for the construction industry and regulators. This latest exposé brings the issue sharply into focus once again.
This article considers the impact in Scotland of formal insolvency proceedings (e.g. administration and liquidation for companies, and sequestration, which is akin to bankruptcy in England) on individuals’ ability to bring and proceed with court actions. Formal insolvency proceedings can arise in a number of different ways and stages of a claim, each with varying implications.
The Scottish Government recently altered Disclosure Scotland’s ability to provide information on certain criminal offences, with the intention of mitigating a risk of human rights challenges to the unnecessary disclosure of spent offences. The issue of disclosure certificates had been halted pending the approval of the Orders, with the BBC reporting that around 3,000 people were affected by delays.