All Change In Scotland For Civil Litigation Funding

2014 may see the introduction of significant changes in Scotland both on how the civil courts operate and the manner and extent to which costs are recoverable in civil litigation.

These changes are currently proposals detailed in two reports;  Lord Gill’s Report of the Scottish Civil Court Review and Sheriff Principal James Taylor’s Review of Expenses and Funding of Civil Litigation in Scotland in November last year.

Court refuses to meddle with the merits of adjudicator decision

Following the recent decision in Charles Henshaw & Sons Limited v Stewart & Shields Limited [2014] CSIH 55, the Court of Session has once again emphasised that they will be slow to interfere in the enforcement of an adjudicator’s decision in the case of Bougyes E&S Contracting UK Limited v Vital Energi Utilities Limited [2014] CSOH 115.

Oral notice for reinstatement and whether keep means put - L. Batley Pet Products Limited –v- North Lanarkshire Council

This was an appeal to the Supreme Court. The mid-landlord, Batley, and the sub-tenant, the Council, disagreed on whether the Council was obliged to remove its alterations and reinstate the premises on the expiry of the sub-lease.

The request to reinstate was made orally by Batley’s surveyor before the sub-lease expired.

Under the sub-lease, any notice, request, demand or consent had to be in writing.

Dilapidations and break notices - Arlington Business Parks GP Limited - v - Scottish & Newcastle Limited

To exercise the break clause in the lease in this court action, the tenants were required to give 12 months’ notice, and not be in breach of any of their lease obligations at the date of service of such notice and/or the termination date. The tenants served their notices on time but at the date of service, the premises were not in the state of repair required by the lease. As a result, the Court held that the tenants had not effectively exercised their break.

Asbestos Claims - are you sure the exposure was negligent?

In the Genco case, the court found that Marie McGregor, a shop assistant, had been exposed to asbestos for a relatively short period of time during shop renovation works in 1976. The precise level of exposure could not be gauged but it was determined it would have been light particularly as there was a floor to ceiling enclosure around the area of the renovation works.

Court slams use of 'ludicrous' technical arguments to avoid enforcement of adjudicators' decisions

Brodies recently acted on behalf of the successful party in the case of Charles Henshaw & Sons Limited  (CH&S) v Stewart & Shields Limited (S&S) ([2014] CSIH 55), where the Court reaffirmed that there is a limited class of cases where it will refuse to enforce an adjudicator's decision.

Scottish Parliament - Current Bills

A recent development in the Scottish independence referendum debate is the consultation on the draft Scottish Independence Bill. In this Parliamentary Update, we consider the draft Bill, as well as the role of the public sector in meeting Scottish Government targets to reduce greenhouse gas emissions, and the review of local authority powers to control domestic noise. Tables of current Scottish Government consultations and current Bills going through the Scottish Parliament are also provided.

Related Content

Current Consultations

A recent development in the Scottish independence referendum debate is the consultation on the draft Scottish Independence Bill. In this Parliamentary Update, we consider the draft Bill, as well as the role of the public sector in meeting Scottish Government targets to reduce greenhouse gas emissions, and the review of local authority powers to control domestic noise. Tables of current Scottish Government consultations and current Bills going through the Scottish Parliament are also provided.

Related content

The partys over no: Scottish Government calls for evidence on local authority powers to control domestic noise

Domestic noise complaints to local authorities have increased from 9,165 in 2002 to 43,997 in 2013. The Scottish Government introduced a regime to try and tackle this problem under the Antisocial Behaviour (Scotland) Act 2004 (“the 2004 Act”). The noise provisions in the 2004 Act are intended to complement other noise abatement powers contained in the Civic Government Scotland Act 1982, the Environmental Protection Act 1990, and the Control of Pollution Act 1974.

Decarbonising Scotland: public sector role in long-term heating and cooling policy

The Scottish Government has said that it anticipates the public sector playing a key role in meeting its targets to reduce greenhouse gas emissions by 42% by 2020, and by 80% by 2050.