Construction standard form update – JCT D&B 2016

Hot off the press from JCT is the new 2016 edition of its standard form Design and Build Contract, together with an associated guide, which were published at the end of last month. It is expected that a new edition SBCC D&B will follow shortly with equivalent amendments, although we await confirmation of a release date.

As well as numerous minor changes to tighten drafting and simplify some sections, the key changes contained in the new JCT 2016 D&B Contract are as follows:

Payment Provisions

Difficult law and the professional’s duty to warn

In professional negligence litigation the existence and extent of a duty to warn has been a thorny issue over the years. Is a professional obliged to inform their client of matters which they had not been instructed to consider? If so, what warnings do they need to give and what liability might they be assuming for advice beyond the scope of their retainer?

Register of controlling interests in land

In September, the Scottish Government published its consultation on the proposals to bring forward a register of controlling interests in land.

This follows on from Section 39 of the Land Reform (Scotland) Act 2016, which requires the Scottish Government to make provision for such a register with the aim of improving transparency in land ownership in Scotland.

The consultation identifies a number of issues that are being considered and need to be resolved in developing the regulations to deliver a register of controlling interests in land, including:

Consultation on the Future of Forestry in Scotland

In its 2016 manifesto the Scottish National Party reaffirmed its policy objective to complete the devolution of forestry management and to pass a Scottish forestry Act. That process has been initiated by a 10 week consultation period, which will end on 9 November. During the consultation period industry bodies, stakeholders and interested members of the general public may respond on the Scottish Government proposals.

Brexit: Pressing questions for employers in the food & drink sector

On 23 June 2016 the UK voted to leave the European Union, though voters in Scotland voted for the UK to remain by 62% to 38%.

What now?

It is of course too early to predict what will happen in the medium and long term, but employers in the food & drink sector undoubtedly have pressing questions about what to do in the short term.

What about EU nationals working for us?

Green Energy in the Food & Drink Sector

The Scotch Whisky industry is leading the way on environmental sustainability with ambitious green energy targets that it released last month. Under new guidelines launched by the Scotch Whisky Association, the industry has committed to generating 40% of primary energy used to make whisky from non-fossil fuels by 2030. This further strengthens the industries commitment to its long-term aim of reducing non-fossil fuel energy to 80% by 2050.

The Alcohol Wholesaler Registration Scheme (AWRS)


HMRC estimates that £1.2 billion worth of duty and VAT is lost through alcohol fraud every year. The Alcohol Wholesaler Registration Scheme (AWRS) was introduced to combat this fraud.  AWRS is being introduced in two stages:

Insurance Act 2015 – Brave New World?

The Act came into force on 12 August 2016 for policies beginning or amended on that date and has shifted the balance slightly in favour of an insured. It isn’t a codification of the existing law but does introduce new terms and concepts.

CREDO - Banking & Finance Update

Welcome to the new issue of Credo. 

As business and financial markets slowly get back into gear after the summer break, we can’t avoid looking at Brexit from the Scottish perspective as well as the impact of falling oil revenues and the state of financial services in Scotland.

Scottish limited partnerships have been attracting some publicity as well but they remain a useful investment vehicle model.

And Brodies continues to prosper, with strong results for the year to April 2016.

Museums and galleries tax relief consultation

In the 2016 Budget the (then) chancellor announced a number of cultural initiatives. Among them was floated a new tax relief for museums and galleries from April 2017. The aim is to encourage the creation of more and higher quality exhibitions, and also to support the touring of the best exhibitions across the country and abroad to raise the UK’s international profile.