Asbestos Claims - are you sure the exposure was negligent?

In the Genco case, the court found that Marie McGregor, a shop assistant, had been exposed to asbestos for a relatively short period of time during shop renovation works in 1976. The precise level of exposure could not be gauged but it was determined it would have been light particularly as there was a floor to ceiling enclosure around the area of the renovation works.

Court slams use of 'ludicrous' technical arguments to avoid enforcement of adjudicators' decisions

Brodies recently acted on behalf of the successful party in the case of Charles Henshaw & Sons Limited  (CH&S) v Stewart & Shields Limited (S&S) ([2014] CSIH 55), where the Court reaffirmed that there is a limited class of cases where it will refuse to enforce an adjudicator's decision.

Scottish Parliament - Current Bills

A recent development in the Scottish independence referendum debate is the consultation on the draft Scottish Independence Bill. In this Parliamentary Update, we consider the draft Bill, as well as the role of the public sector in meeting Scottish Government targets to reduce greenhouse gas emissions, and the review of local authority powers to control domestic noise. Tables of current Scottish Government consultations and current Bills going through the Scottish Parliament are also provided.

Related Content

Current Consultations

A recent development in the Scottish independence referendum debate is the consultation on the draft Scottish Independence Bill. In this Parliamentary Update, we consider the draft Bill, as well as the role of the public sector in meeting Scottish Government targets to reduce greenhouse gas emissions, and the review of local authority powers to control domestic noise. Tables of current Scottish Government consultations and current Bills going through the Scottish Parliament are also provided.

Related content

The partys over no: Scottish Government calls for evidence on local authority powers to control domestic noise

Domestic noise complaints to local authorities have increased from 9,165 in 2002 to 43,997 in 2013. The Scottish Government introduced a regime to try and tackle this problem under the Antisocial Behaviour (Scotland) Act 2004 (“the 2004 Act”). The noise provisions in the 2004 Act are intended to complement other noise abatement powers contained in the Civic Government Scotland Act 1982, the Environmental Protection Act 1990, and the Control of Pollution Act 1974.

Decarbonising Scotland: public sector role in long-term heating and cooling policy

The Scottish Government has said that it anticipates the public sector playing a key role in meeting its targets to reduce greenhouse gas emissions by 42% by 2020, and by 80% by 2050.

A Constitution for an Independent Scotland: the Draft Scottish Independence Bill

In June, the Scottish Government announced a consultation on the draft Scottish Independence Bill (“the draft Bill”)which provides the legal framework for Scotland to become an independent state in March 2016 and sets out a draft interim constitution.

The Scottish Government has previously said that in the event of a ‘Yes’ vote, it favours a written constitution. That is, however, a step to be taken post-independence.

BRewarded: SAYE VERSUS SIP, STRATEGIC DIFFERENCES

Clients often ask us to advise which is better – SAYE or SIP? Both are equally good in their own way and most people who are familiar with all-employee share plans will have their own favourite. However, anyone involved with all-employee plans will recognise that the decision to choose one plan over the other is not always clear-cut and that nuanced analysis and understanding is often required to fully appreciate the potential available under both. This insight seeks to examine some of those nuances.

When does a contractor have to give notice of an entitlement to an extension of time under a condition precedent clause?

In the recent case of Obrascon Huarte Lain SA v Attorney-General for Gibraltar, the Court considered a condition president clause and its effect on claims for additional time and money under a FIDIC contract.

The clause in question was Clause 20.1 of the FIDIC Conditions of Contract for Plant and Design-Build, which states:

Food & Drink Update - Summer 2014

Welcome to this Summer edition of our food and drink update as we continue to celebrate Scotland’s success in our sector. In keeping with the season, we are offering our readers a richly varied crop of content reflecting the range of issues in which Brodies is actively involved. The food and drink sector starts with producers but includes processors, distributors and others in the supply chain, taking their produce to the consumer. This bulletin contains something for everyone with content for producers from our land & rural business team and something for supply chain managers.