Pleural plaques- Court of Appeal in Northern Ireland refuse appeal

Although the full judgment is not yet available we understand that the Court of Appeal in Northern Ireland has refused the appeal in the case of McCauley v Harland & Wolff.

Mesothelioma, liability, causation and insurance: a radical decision from the Supreme Court

The Supreme Court has once again been wrestling with the complexities of asbestos-related litigation, this time in International Energy Group Ltd v Zurich Insurance PLC UK Branch [2015] UKSC 33. By a 4:3 majority the court has preserved the right of a claimant to recover full damages for mesothelioma from employer’s liability insurers while making it clear that the insurers are entitled to seek contributions from other insurers and/or their own insured in respect of other periods of asbestos exposure.

PDPF GP Limited v Santander UK Plc 2015 CSOH 40

Are tenant’s repairing and reinstatement obligations qualified by the lease clause that gives the landlord the right to carry out works in place of the tenant if the tenant does not comply with a repairs notice?  Unsurprisingly, the answer would appear to be no.

Background

Good news for contractors/designers as court strikes down fitness for purpose obligation

What happens when your contract contains a reasonable skill and care obligation, and an absolute obligation to achieve a certain standard of work? Does one trump the other, or do you have to meet both?

This is what the Court of Appeal had to decide in MT Hojgaard v EON Climate Renewables UK Robin Rigg East Ltd.

A reminder of a claimant's responsibilities to mitigate its losses

Summary

In the recent case of Symrise AG and anor v Baker & McKenzie and anor [2015] EWHC 912 (Comm)the High Court (Mr. Justice Burton) decided in favour of a firm of solicitors, Baker & McKenzie (the defendant), in a claim for damages by Symrise AG (the claimant) arising from the alleged negligent drafting of an Intercompany Loan Agreement which exposed the claimant to substantial tax liabilities in Mexico.

Orphan works - intellectual property protection

In the UK, in order to use a work protected by copyright such as a photograph, a diary, a piece of literature, or a recording or film, you must obtain consent from the rights holder. But, what happens if you are unable to trace the rights holder? 

Old masters and wasting assets

The recent Budget announced by the UK Government included an amendment to close a tax ‘loophole’ or anomaly, that had been applied to exempt a piece of art from capital gains tax (CGT) (rather than paying the usual 18% or 28%), when on loan to a third party business.

Are you meeting the charity test?

The Office of Scottish Charity Regulator (OSCR) has launched a consultation on an update to its key guidance on ‘Meeting the Charity Test’. 

Writing a will by age 27: Ed Sheeran

Singer-songwriter, Ed Sheeran recently became the first British artist to reach over 2 billion streams on Spotify, but did you know the multiple Grammy and Brit Award winner could also be a savvy legal adviser?

A Second Consultation on a New Private Tenancy for Scotland

The Scottish Government has launched a second Consultation on a new private tenancy for Scotland, the Scottish Private Rented Tenancy (SPRT). This second consultation gives more colour to the broad principles set out in last year’s consultation and contains some new proposals. Here are the headlines: