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The Insurance Act 2015: the duty of fair presentation of risk

The Insurance Act 2015 comes into force on 12 August 2016 and will apply to all contracts of insurance (and any variations of existing contracts) entered into from that date. Reform was driven by the Law Commissions north and south of the border and significant amendments will be made to key aspects of insurance contract law. In this update, Douglas McGregor looks at the duty of fair presentation of risk.

Pre-contractual disclosure and the duty of fair presentation of risk

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Scottish Government Response to Review of Planning

The Report from the Independent Panel (‘Empowering planning to deliver great places’) has been generally welcomed by the Scottish Government.

They agree in principle with many of the recommendations (interesting that it’s ‘many’ rather than ‘most’, but there is a danger of reading too much into these sorts of nuances). There is no mention of any recommendations being rejected.

Dooneen Ltd & Others V Mond [2016] CSIH 59 – Inner House of the Court Issues Opinion

Yesterday the Inner House of the Court of Session issued its opinion in the appeal of Dooneen Ltd & Others v Mond [2016] CSIH 59.

The appeal was brought by Mr Mond seeking to overturn the decision of the Lord Ordinary, Lord Jones.

Facts & Outer House

Small error in a Subcontract payment schedule has big consequences for main contractor

The topical issue of payment schedules was reviewed for a second time this year in the recent case of Bouyges (UK) Ltd v Febrey Structures Ltd [2016] EWHC 1333 TCC.

Stolen classic car returned…but did the thieves steal tax opportunities?

A number of news outlets picked up on the story of a rare Aston Martin worth £1m that was recovered 14 years after it had been stolen. Unfortunately the victim of the crime, Christopher Angell, died before he could celebrate the return of his DB2 that took part in the 1949 Le Mans.

Brexit Q&A

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New guidance: access rights and responsibilities on Scotland’s canals

New guidance has been issued by Scottish Canals (a public corporation of the Scottish Government which is responsible for managing Scotland’s inland waterways). The guidance is titled ‘Boats, Bikes, Boots and Beyond: A guide to using Scotland’s canals responsibly’ and details the responsibilities of recreational users on Scotland’s canals. Whilst unlikely to make waves, the guidance is a useful indication of the standard of conduct expected of individuals using Scotland’s waterways.

Scotland has five canals, namely:

Prosecutions and Penalties for Health & Safety Offences in Scotland on the rise

Agriculture remains one of the riskiest industry sectors in terms of workplace health and safety. Work with livestock, dangerous machinery and frequent lone working combine to create a sector with a large variety of risk requiring management. Where there is a breach of health and safety law and prosecution is successful, the financial and personal stakes for agricultural businesses, directors and senior managers have never been higher.