Category Archives: Commercial

Clancy Docwra v E.On Energy Solutions – The Need for Consistency in Contracts

February 15, 2019 | Ainsley McKinlay |

The need for consistency in contracts

The recent case of Clancy Docwra Ltd v E.On Energy Solutions Ltd has highlighted the need for consistency between a contract and any additional documents appended to it. E.On appointed Clancy Docwra as a sub-contractor to excavate trenches for the installation of an underground district heating network. They had started the works when they encountered … Read More >>

From LIBOR to SONIA – Technical Adjustment or Substantive Shift?

January 29, 2019 | Len |

Libor social housing

LIBOR (the London Inter-bank Offered Rate) is at the heart of private funding to the housing sector. Post-2022 however, banks will no longer be required to provide LIBOR quotations and thought needs to be given as to how that may affect Registered Social Landlords who have loans that continue beyond 2022 or indeed are taking … Read More >>

Occupiers Liability – what level of care is required?

June 21, 2018 | Christine |

occupiers liability

The Occupiers Liability (Scotland) Act 1960 has given rise to a raft of case law over the past few years. In essence, it sets out the level of care required to be demonstrated by the legal entity who occupies or controls land or premises to any third party who may access such land or premises. … Read More >>

Building Your Limited Company: Steps to Success

June 5, 2018 | Eileen Barr |

Building Your Limited Company: Steps to Success

A limited liability company is a popular choice when considering business models. It has relatively small costs to set up and get going. However, the essential requirements can appear daunting. This guide outlines the key elements below and gives sources that are available for support. Articles of Association These are the building blocks of your … Read More >>

Changes to Third Party Rights in Scotland: What’s the Impact?

March 8, 2018 | Eileen Barr |

Changes to Third Party Rights

Generally, a contract only gives rights and obligations to the people that are a party to it. However, there are circumstances where contracts can create third party rights. In Scotland, these ‘third party rights’ were often criticised as the law around them was unclear and inflexible. To change this the Contract (Third Party Rights) (Scotland) Act … Read More >>

Less Action, More Waiting? Are Action Plans tackling our targets?

March 6, 2018 | Rachel Munro |

Less Action, More Waiting? Are Action Plans tackling our targets?

What is an Action Plan? The Assessment of the Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016 created a somewhat advanced form of an Energy Performance Certificate, known as both a section 63 Assessment but more commonly known as an Action Plan. When do you need an Action Plan? Action Plans apply to non-domestic buildings … Read More >>

Land and Buildings Transaction Tax – Three Year Alert

February 8, 2018 | Christine |

Land and Buildings Transaction Tax

Land and Buildings Transaction Tax (LBTT) replaced Stamp Duty Land Tax on 1st April 2015. As well as being the duty payable on the price or consideration for the purchase of residential and commercial land and properties in Scotland, its introduction affected taxation on the grant of non residential leases. In circumstances where a return in … Read More >>

A new servitude? The servitude of parking…

September 12, 2017 | Christine |

servitude

Some years ago the House of Lords decided in a case Moncrieff -v- Jamieson that parking could be implied as a right running alongside a servitude right of way.  Given this acceptance that parking could be an adjunct to a servitude right of way that seemed to lead on to the possibility that parking could … Read More >>

Re-introduction of Pursuers’ offers in Scotland

September 11, 2017 | Neil Matheson |

Pursuers’ offers in Scotland

In Scotland, if you have raised a court action against another person for recovery of a sum of money then you are known as the “Pursuer” and the person you have taken to court becomes known as the “Defender”.  What does the re-introduction of Pursuers’ offers in Scotland mean for settlements? Defenders in court actions have … Read More >>

Do you know your Knotweed?

August 29, 2017 | Christine |

knotweed

In Scotland having Japanese knotweed growing on land belonging to you is not of itself against the law.  That said, there is now legislation regarding the spread of Japanese knotweed and requirements on a heritable proprietor not to allow this non-native species to spread.  Penalties for ignoring such legislation are significant with fines running into … Read More >>