Can parties protect themselves from an abuse of the adjudication process?

The recent decision of the Inner House in T. Clarke (Scotland) Limited v MMAXX Underfloor Heating Limited suggests a party will only be able to protect themselves from an abuse of the adjudication process in the most extreme and restricted of circumstances.

The Dispute

Design 'Review/Approval' or a Variation...?

Employers are increasingly looking for greater cost certainty under design and construct contracts. This is where the contractor takes all the risk of design, construction and price in return for relative design autonomy over how he delivers the contract, provided of course he meets the employer’s requirements.

Capital Gains Tax and Litigation- Far Reaching Changes

First a warning - this update relates to the taxation of litigation claims under capital gain tax provisions and in keeping with many aspects of the tax law, there will be very little common sense in what follows.

The current law

Succession Consultation

The Scottish Law Commission’s (SLC) ‘Report on Succession’ of April 2009 made a number of recommendations to reform the law of succession in Scotland

The Scottish Government is now consulting on these recommendations, and the first ‘Consultation on Technical Issues Relating to Succession’ was published by the Scottish Government on 14 August 2014.  This consultation focuses predominantly on technical recommendations in the SLC Report, in the main relating to:

Scottish Law Commission reports on modern Scottish trust law reform

The Scottish Law Commission (SLC) recently published its Report on Trust Law. The report builds on the publication of several discussion papers and consultation papers on specific areas of trust law as part of their long term project on trusts, and provides a comprehensive review of the law of trusts in Scotland, together with detailed recommendations for reform and a draft bill. The report and bill come in at a stonking near 400 pages.

Revocation of wills

Life changing events such as marriage, entering into a civil partnership, or getting divorced, should always precipitate a review of a person’s will, and if there is no will, one should be put in place.  Under Scots law, neither marriage nor the registration of a civil partnership has the effect of revoking a previously made will as you might expect.  Equally, following the end of a relationship (divorce or dissolution of a civil partnership), an ex-spouse or civil partner is not automatically written out of a will.  This contrasts with the position in England, Wales an

FATCA

A new acronym has entered the language recently: ‘FATCA’. FATCA, or the US Foreign Accounts Tax Compliance Act to give it its full name, is US legislation requiring certain non-US Financial Institutions to report details of accounts held by and payments to US persons (‘US Reportable Accounts’), to the US IRS.  The idea is that, in this way, the IRS will find out about undeclared income on which US tax is due.

Land and Buildings Transactions Tax (LBTT) rates announced

The proposed rates and bands for Land and Buildings Transactions Tax (LBTT) as announced by the Scottish Government are as follows:-

Residential                        %

Up to 135,000                    0

135,001 - 250,000             2

Scottish High Court to deal with injury claims at 100,000 pounds or above

The Court Reforms (Scotland) Act was passed this week. One of the key changes is the raising of the limit at which (most) civil claims can be raised in the Court of Session from the current £5,000 to £100,000 and above.

Lobbying Act 2014- Now in effect

Part II of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Act 2014 (better known as the ‘Lobbying Act 2014’) came into effect on September 19 2014. The Act significantly tightens up the rules governing the involvement of non-party campaigners, such as charities, in the run up to UK-wide, Scottish, Welsh and Northern Irish elections.