Devil in the detail: the risks of commoditised professional advice

Professional Indemnity Insurers could see a rise in claims against professionals arising from ’commoditised’ advice. Such advice is often prepared using standardised document management systems and can be delivered to the client by junior or unqualified staff under minimal supervision.  

CREDO - Banking and finance update June 15

The UK General Election is behind us, but ahead are the practical consequences of the increasing divergence between law and public policy in Scotland and the rest of the UK.

We’re also facing a land reform agenda in the lead up to next year’s Holyrood elections and some concerns over the impact of the UK Supreme Court on Scots law. But we are modernising our document signing processes and also looking at community ownership of renewable energy developments.

Brodies Housebuilding Survey 2015

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Brodies has recently conducted a survey to explore the state of the housebuilding sector in Scotland.

Brodies' housebuilding group has an unrivalled understanding of the market and we recognise that it is constantly evolving. Those working in this sector need constantly to adapt their approach to stay ahead of the market, and we hope the analysis of our survey will provide some useful insights.

Please contact our housebuilding group for further information.

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Risk Management- keeping up to date with CML Scotland handbook changes

The Council of Mortgage Lenders (CML) Handbook sets out instructions for conveyancing solicitors acting on behalf of lenders in residential conveyancing transactions. There is a handbook for each legal jurisdiction in the UK. The CML Handbook is subject to change and so solicitors need to ensure that they keep up to date with any revisions.

Smash and grab adjudications: a lifeline for employers?

At the end of last year ISG Construction Ltd v Seevic served as a warning to employers to serve their payment notices and pay less notices in good time or risk being on the receiving end of a smash and grab adjudication from the contractor, to which they are unable to validly challenge the value of the works.  The recent case of Galliford Try Building Limited v Estura Ltd may offer a lifeline to employers who find themselves in this situation.

ISG v SEEVIC: take notice counter adjudication no longer a defence

The recent case of ISG v Seevic serves as a timely reminder of the consequences of failing to comply with the payment regime set down in the Construction Act. Failure to issue the requisite notices can lead to parties falling foul of the payment regime, and in those circumstance the sum applied for by the Contractor will be due to be paid on the final date for payment. Where payment is not forthcoming, Contractors have been raising smash and grab adjudications to recover the sums due. In the past Employer’s addressed this through counter adjudications on the true v

Pleural plaques: McCauley v Harland & Wolff plc & Anr [2015] NICA 28

As we mentioned in our recent alert, the Court of Appeal in Northern Ireland have refused Harland & Wolff’s appeal against a damages award of £10,000 in respect of pleural plaques.

New Personal Injury Court to Cover Whole of Scotland

Representing a potential cost saving to insurers, where injury cases meet the requisite criteria there will be scope for them to be dealt with in Edinburgh, no matter where the injury occurred.

The Enforceability of Disclaimers

The High Court of England & Wales has recently considered the enforceability of a disclaimer in an audit report in Barclays Bank v Grant Thornton (2015). The case will be of interest to professional advisers, and their insurers, when advisers are seeking to restrict their liability to third parties who might rely on their advice.

Facts

Making a splash? - How Scotland's national marine plan will impact on the aquaculture industry

Scotland’s first ever National Marine Plan was published on 27 March this year.  Described as a “single framework for managing our seas”, the Plan aims to promote sustainable development and use of the marine area by balancing the often competing interests in environmental protection and the desire to allow existing and emerging marine industries to expand for the benefit of the economy.