CREDO - Banking and finance update

We enter the New Year in a positive mood, with continuing evidence of economic recovery despite the oil price slump. The renewable energy sector remains vigorous, and the capital investment pipeline is being extended. Counterparts are on their way in, and letters of obligation on their way out.

LBTT Real Estate Update

Real Estate E-Update

LBTT residential rates recalibrated 

John Swinney, the Deputy First Minister and Cabinet Secretary for Finance, has announced new LBTT rates which will apply to residential property from 1 April 2015 in place of the rates announced in October:

Purchase price

Are you really excluded from liability? Contractor delay and consequential losses…

The English courts have been busy recently in the realm of risk allocation under contracts (Please see our previous blog in respect of Loss of Profit and the case of Polypearl Ltd v E.On Energy Solutions Ltd [2014] EWHC 3045 (QB)) and now they can add another precedent to their list, with interesting consequences for those drafting contracts.

Changes to rules on company name registrations - do you need to act quickly?

Who should read this alert?

New regulations coming into force on 31 January 2015 will make it easier for companies and LLPs choosing or changing their name. On the other hand, it may also make it easier for third parties potentially to cause trouble by registering names at Companies House without your knowledge that are similar to company names you use or wish to use.

BRewarded Update


Current insight – January 2015

Here we go again!

In this insight we look at what the recent ISS guidelines mean for DRR’s plus an examination of where in the DRR the policy report should go. Finally we touch on malus and clawback.

Read more

Types of third sector organisations being created in Scotland- we analyse the statistics

In our last charities and third sector blog, Alan Eccles and Helen Nelson looked at the various options available for selecting an appropriate third sector legal vehicle.

Where philanthropy meets community

The Scots have a reputation for being thrifty (lets not interpret this as mean), however, my own experience having worked with many wealthy and entrepreneurial clients is that they are generous and increasingly interested in giving back to the community.

A tradition of philanthropy that strongly continues today

Loss of Society, a new consistency? Currie v Esure Services Ltd

Update on fatal injury award

An appeal by surviving parents for higher damages in a fatal injuries claim has been rejected by the Scottish Appeal Court.  Does this represent a cap on damages?  Has it at least stemmed the tide?

The Inner House – Scotland’s Appeal Court - has published its decision in Currie v Esure Services Limited 2014 CSIH 112. The decision of the first instance judge and her interpretation of the guidance in Hamilton v Ferguson Transport 2012 CSIH 52 was upheld.

Personal Injury Case Review Scotland 2014 - Part 2

Our look back at some of the significant and interesting Scottish personal injury decisions from 2014 continues with part 2 of this feature. The following list of case highlights, discussed by Douglas McGregor, Professional Support Lawyer in Brodies' Dispute Resolution and Litigation team, involves children & limitation, a slippery car park, evidential problems caused by an inability to recall events, duties while driving in the dark and an employers’ liability for a fall on snow.  

Scotland set to reverse the impact of s69 of ERRA?

Section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA) brought about a significant change to Employer Liability personal injury claims. The effect of Section 69 is that workers seeking compensation for injuries suffered as a result of accidents at work after 1 October 2013 are no longer able to rely on a breach of health and safety regulations to establish liability but rather they must establish that the employer was negligent. However, a proposal has been put before the Scottish Parliament to reverse the effect of s69 in Scotland by allowing claimants to rely on a br