PRESERVATION OF IMPLIED ENFORCEMENT RIGHTS

PRESERVATION OF IMPLIED ENFORCEMENT RIGHTS

Landowners who imposed conditions or burdens on land sold before 2004 may be affected by the abolition, on 28 November this year, of the right to enforce certain title conditions. If you sold land before 2004 and imposed conditions on the land sold, you may be affected by this change and should read the following note to find out if you can preserve your rights and, if so, how that can be done.

Introduction

PRESERVATION OF IMPLIED ENFORCEMENT RIGHTS

PRESERVATION OF IMPLIED ENFORCEMENT RIGHTS

Landowners who imposed conditions or burdens on land sold before 2004 may be affected by the abolition, on 28 November this year, of the right to enforce certain title conditions. If you sold land before 2004 and imposed conditions on the land sold, you may be affected by this change and should read the following note to find out if you can preserve your rights and, if so, how that can be done.

Student housing

Appeal decision

The appeal concerned a policy in the City of Edinburgh Local Plan, which requires that the proposal would not result in an excessive concentration of student accommodation in any one locality.

The appeal reporter noted the danger that the very locations that are most suited to student accommodation (those closest to the main campuses) could be ruled out solely on the basis that they were, unsurprisingly, already popular with students.

Failure to respond to proceedings could lead to windfalls for Scottish litigants.

The case involved a rear-end shunt in which liability was admitted. Proceedings were raised in the Sheriff Court – the Scottish equivalent of the County Court - and served directly on the insurer. The insurer’s position was that faxed instructions to their Scottish agents failed to send. There was no follow-up procedure in place and the deadline to enter appearance for the defenders was missed.

Shared Parental Leave

Shared parental leave is expected to come into force on 1 December 2014 and will apply to parents whose expected week of childbirth is on or after 5 April 2015.  The majority of the regulations are still in draft so may be subject to change but the key elements are:

Third Party (Rights Against Insurers) Act 2010

A Bill is currently before the UK Parliament which suggests that the long awaited Third Party (Rights Against Insurers) Act 2010 could come into effect in the next year, although, whether the 2015 general election (and indeed the Scottish independence referendum) might impact upon the proposals remains to be seen.

Liquidated damages for replacing key personnel

One of a number of issues raised in the recent lengthy decision of Bluewater Energy Services BV v. Mercon Steel Structures BV and Others [2014] EWHC 2132 (TCC) was the Court’s consideration of contractual provisions, which obliged Mercon to pay liquidated damages for replacing key personnel without Bluewater’s prior approval.

Update on the recovery of healthcare costs for asbestos related conditions (Scotland)

The Scottish Parliament is currently scrutinising a bill to make NHS costs incurred as a result of asbestos related illness recoverable. They are carefully watching the deliberations of the UK Supreme Court concerning nearly identical legislation passed by the Welsh Assembly.

Fatal awards in Scotland increasing in value

Fatal awards in Scotland increasing in value

The recent decision in Joseph McCarn and Others v The Secretary of State for Business, Innovation and Skills [2014] CSOH provides a useful overview of recent damages awards in Scottish fatal claims and gives us a strong clue of what we are likely to see in the future.

Q2 Corporate Deals Update

Following on from our success in Q1, Brodies' corporate team have continued to be involved in a wide range of deals in Q2. Click here for our Q2 Corporate Deals Update.