Implications of having a scheduled monument on your land

Following on from our note regarding the implications of owning a listed building, we now consider the implications of having a scheduled monument on your land.

Mackinnon Report on tree planting in Scotland

Since the early 1990s’ the lack of commercial tree planting in the United Kingdom has been a major concern to the forestry sector and downstream industries including sawmilling and timber sales. Annual conifer-tree planting (the main commercial crop on which the timber industry depends) fell around four-fold in the decade since its high in the mid-1980s, and has fallen further since.

When is more than one non-completion certificate required?

This question was recently considered in the case of Octoesse LLP (“Octoesse”) v Trak Special Projects Ltd (“Trak”) [2016] EWHC 3180 (TCC).

The Facts

Octoesse engaged Trak under a JCT Intermediate contract to construct a residential and retail unit in London. Trak failed to complete the works by the completion date of 29 September 2014. On 3 October 2014 the contract administrator issued a certificate of non-completion. 

Notices under the Construction Act - will any notice do or is it necessary that the notices are “intended” to be a Payer/Pay less/Default Notice?

At the end of January 2017 I wrote an e-bulletin on the recent case of Surrey and Sussex Healthcare NHS Trust v Logan Construction (South East) Ltd where, amongst other things, it was decided that “an essential requirement” of the Trust’s notification was that it was “intended” by the relevant party to constitute a Pay Less Notice. That intention was to be “derived from the manner in which it would have informed the reasonable recipient”.

The three things that every charity should be thinking about in 2017

The start of the year is a good time for any business or organisation to think about any changes on the horizon in order to maintain regulatory compliance and good governance. For charities in recent times there have been changes to accounting rules, company law disclosures, ‘notifiable events’ and new annual reporting. Here we look at three legal and governance ‘hot topics’ to help get 2017 off on the right foot.

A new fundraising regime: data management

Injured golfer fails in bid to have executive board found liable

The recent case of Colin Taylor v Des Quigley and Others has confirmed that members of a club are not entitled to sue their fellow members for personal injury. The Court of Session (Scotland’s High Court) confirmed the “common members rule” – the established principle that club members owe no duty of care to each other. The status of a golf club member, for example as a committee convenor or steward, is irrelevant, and on that point the case may have been decided differently if raised in England.

What makes a valid Pay Less Notice?

What constitutes a valid Pay Less Notice – this is something which has been the subject of debate in numerous “smash and grab” adjudications in which we have been involved.

The Technology and Construction Court (TCC) in the recent case of Surrey and Sussex Healthcare NHS Trust (“the Trust”) v Logan Construction (South East) Ltd (“Logan”) has now provided some clarity on this.

The Facts

The impact of the residence nil rate band for farmers

In the depths of The Conservative Party’s manifesto in advance of the 2010 general election, there was a promise that “we will raise the inheritance tax threshold to £1 million to help millions of people who aspire to pass something on to their children”. A bold stance which never, it appeared, made it out of the starting blocks once the coalition with The Liberal Democrats was formed.

Crown Estate – Scottish Government Consultation on the long term management of the Crown Estate in Scotland

As many may be aware, the Scotland Act 2016 provided for the devolution of the management of the Crown Estate in Scotland. While the asset transfer is still to take place, the Scottish Government launched a new consultation document on 4 January 2017 looking at the future management of those assets held by the Crown Estate in Scotland.

Lady with an Ermine: intentions and purposes in holding, managing and selling art collections

According to a number of media outlets, the Polish government has bought the world-famous Czartoryski art collection, which includes a rare Leonardo da Vinci painting, for a fraction of its market value. As well as being an interesting arts and culture story, it also raises issues regarding foundation governance, 'ethical' and purposes-led decisions, the intentions of those creating collections, trustee decision-making processes and investment considerations.