Category Archives: Commercial
Commercial Contracts: ensure your clauses are accurate!
A recent Court of Session decision in the case of Patersons of Greenoakhill Limited v Biffa Waste Services Limited, highlights the significance of getting contract clauses right first time. This case demonstrates that cost implications to businesses can potentially be significant when mistakes in drawing up commercial contracts are made. Patersons operated a landfill site
So you want to be a company director ….
S172 of the Companies Act 2006 states that a company director must: “act in the way he considers, in good faith, is most likely to promote the success of the company for the benefit of its members as a whole”. When it was introduced, this section of the Act created a great deal of concern,
Property Factor’s services statement – get it in writing!
The Property Factors (Scotland) Act 2011 has shaken up the previously unregulated, and unstructured, property factoring regime in Scotland. Although the provisions within the Act came into force on 1 October 2012, five months later it seems many organisations and individuals are playing “catch up” with how the changes affect them. Written Statement of Services
Debt recovery & using an inhibition to get results
When it comes to getting to recovering debt, a pursuer must obtain a payment decree from the Sheriff Court against a defender (debtor), and must then take steps to enforce the decree in order to recover sums due. One of a number of different procedures a pursuer can utilise with a view to recovering an
Do you need a common insurance policy in Scotland?
Owners have a duty to ensure that their own property and any common parts are adequately insured. The title deeds for your property will state whether or not you are obliged to take out a joint insurance policy with other owners to cover both your own property and / or common areas affecting a larger
Procurement regulations, interim orders & public interest
The recent case of Glasgow Rent Deposit & Support Scheme against Glasgow City Council and Ypeople (decided on 6 December 2012) highlights the court’s reluctance to delay a contract award because of an alleged breach of the procurement regulations where this would be detrimental to the public interest. GCC tendered for a service providing increased access
Construction Contracts – Adjudication and Enforceability
The Court of Appeal in England has recently ruled that adjudicators are not entitled to payment of their fees where their decisions are unenforceable. Adjudication is a common alternative to court action in construction disputes, and is referred to as the first “port-of-call” for resolution of any dispute in the majority of construction contracts. PC
Hedging their bets? The High Hedges (Scotland) Bill
Problems with your neighbour’s leylandii? Are their trees blocking out the morning sun and they won’t do anything about it? Well, the Scottish Parliament looks set to provide you with a helping hand following the introduction of the High Hedges (Scotland) Bill as a private member’s Bill in October. The proposed legislation would give someone
Acquiring Rights to Land by Way of Prescription
What is Prescription? This is the process of acquiring rights and in particular obtaining a good title to land as a result of the passage of time. The reasoning behind this is that a person who has enjoyed “quiet and uninterrupted” possession of land for a long period of time with a registered title should
Recording land ownership in Scotland – essential criteria
The Land Registration (Scotland) Act 1979 introduced Scotland to a map-based Register as a means of recording land ownership in Scotland. The map-based system is backed by a state guarantee and provides information and identification of registered subjects with certainty. Legislation identifies what information must be supplied at the time of registration and Registers of
