Third party right to adjudicate

A recent technology and construction court decision has provided clarity on the limits of the rights of third parties to go to adjudication. In Hurley Palmer Flatt Limited v Barclays Bank plc, the court held that the Contracts (Rights of Third Parties) Act 1999 (the 1999 Act) did not include provision for the right of a third party to adjudicate.

A Guide To New Food Labelling Rules

A new EU regulation on food labelling will soon come into force, amending current food labelling laws in the UK. EU Regulation 1169/2011 on the provision of food information to consumers (FIC for short) will replace the Food Labelling Regulations 1996 on a phased basis. The EU Regulation is directly applicable throughout the member states as soon as its provisions come into force.

Holiday pay to become bread and butter issue for food & drink sector

The recent ruling by the Employment Appeal Tribunal (EAT) that holiday pay should include regular overtime could have significant financial consequences for employers in the agriculture and food & drink sectors. This is because it was decided that certain payments over and above basic pay, including overtime payments, must be taken into account when calculating holiday pay.

Snapshot: Clive Phillips Q & A

Clive Phillips, a partner in Brodies’ Land & Rural Business team, is not just one of our leading agricultural law specialists. Together with his wife and two children, the Aberdeen-based lawyer runs his own 250-acre farming operation just south of Stonehaven.

Q How do you handle working as both a lawyer and a farmer?

Defamation: Differences between Scotland and England

The law of defamation in Scotland and England has traditionally had greater similarities than differences. The Defamation Act 2013 (the 2013 Act) reformed the law of defamation, but many of its provisions extend to England and Wales only. This has the potential to widen the gap between the law in Scotland and England. In this briefing we assess the impact of the Defamation Act 2013 and look at the key differences between the law in Scotland and the law in England.

Similarities between Scotland and England

The Benefits of ADR in Professional Indemnity Actions

October marked the opening of a new Scottish arbitration centre in Edinburgh, aimed at promoting the benefits of this form of Alternative Dispute Resolution (ADR). It comes at a time when it appears that parties to disputes in Scotland are relying on methods of ADR more than ever. According to recent Civil Law Statistics published by the Scottish Government, over the past four years civil cases initiated in both the Court of Session and the Sheriff Courts across Scotland have dropped by 41%.

Brodies- Bringing you updates and insights

This update looks at the payback for front loading responses to claims, the benefits of effective investigation and the importance of how the results of investigations are presented.

Thorough investigations can pay off

The cases of Linda Smith v Scottish Water, Charles McInally v Arcus FM Limited and Kennedy v Cordia demonstrate the need to investigate the causes of damage and to ensure that the results of those investigations are carefully presented.

Can parties protect themselves from an abuse of the adjudication process?

The recent decision of the Inner House in T. Clarke (Scotland) Limited v MMAXX Underfloor Heating Limited suggests a party will only be able to protect themselves from an abuse of the adjudication process in the most extreme and restricted of circumstances.

The Dispute

Design 'Review/Approval' or a Variation...?

Employers are increasingly looking for greater cost certainty under design and construct contracts. This is where the contractor takes all the risk of design, construction and price in return for relative design autonomy over how he delivers the contract, provided of course he meets the employer’s requirements.

Capital Gains Tax and Litigation- Far Reaching Changes

First a warning - this update relates to the taxation of litigation claims under capital gain tax provisions and in keeping with many aspects of the tax law, there will be very little common sense in what follows.

The current law