The Corporate Insolvency and Governance Bill: English High Court backs tenants affected by COVID-19
Brodies LLP » Dispute Resolution
by Sophie Airth
4y ago
In previous blogs, we’ve discussed the temporary changes to the law being brought about by the UK Government’s Corporate Insolvency and Governance Bill. The Bill is set to strip Landlords of some of the tools available to recover arrears from their tenants. It will render statutory demands served between 1 March to 30 June 2020 ineffective, while making it near impossible for landlords to liquidate tenants (by winding them up) if they have been financially affected by COVID-19. We talked about the Bill in more detail here and the fact that most tenants will be able to argue that they have tak ..read more
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Case Update: Jennifer McCulloch and Others v Forth Valley Health Board
Brodies LLP » Dispute Resolution
by Steven Graham
4y ago
The widow of a man who died from cardiac arrest (and other family members) brought an action against Forth Valley Health Board in the Court of Session for the allegedly negligent care provided to him by a Consultant Cardiologist. Although the findings in the judgment are not new law, Lord Tyre’s decision is a helpful reminder to clinical negligence solicitors of the scope of a doctor’s duty to advise patients of the risks of treatment (in terms of the Montgomery v Lanarkshire Health Board test) and the very limited circumstances in which a pursuer can rely on the ‘material contribution’ princi ..read more
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What is a nuisance?
Brodies LLP » Dispute Resolution
by Eilidh Findlay
4y ago
Property owners can take legal action when they believe that the use and enjoyment of their land is being impeded by a nuisance.  The government has created statutory nuisances which may be caused by noise, light, smoke, vapour or odour. However, it’s not enough just to say that the nuisance caused by another party is occasionally irritating. The court will only uphold a claim if, having given due weight to all the surrounding circumstances, a reasonable person would find the nuisance intolerable. In the recent case of MacBean v Scottish Water [2020] CSOH 55, the Court of Session reminded ..read more
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Back in the Game – An Expensive but Safe Return to Football in the UK
Brodies LLP » Dispute Resolution
by Stephen Flynn
4y ago
Despite Boris Johnson’s recent announcement that elite sport can return, there has been no such relaxation of the rules in Scotland. Football in Scotland has been suspended since 13 March with many clubs struggling financially as a result. The Scottish Football Association has announced that top-flight clubs can return to training on 11 June. However, this will be conditional upon adherence to the Scottish Government’s route to recovery. The English Game The English Premier League plans to begin on 17 June, subject to clubs meeting all safety requirements. The Premier League has placed health ..read more
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Spotting a counterparty in trouble – key warning signs
Brodies LLP » Dispute Resolution
by Erin Wilson
4y ago
Given the ongoing economic impact of the pandemic, it is more important than ever to consider counterparty risk. Whilst your own business might be in a healthy position, you should consider the impact that the insolvency of key clients or suppliers might have on your organisation. Warning Signs An obvious warning sign that your counterparty is in difficulty is non-payment of invoices, or longer payment cycles. A struggling counterparty may fail to commit resources to a project or suddenly disengage with you. It might also start communicating with you more formally than before. Watch out for si ..read more
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It’s an (Amazon) Jungle Out There- Online Shopping – What are Consumers’ Rights?
Brodies LLP » Dispute Resolution
by Eilidh Smith
4y ago
With governments around the world keeping shops closed and people at home, it’s no surprise that it has been announced that Amazon founder and CEO, Jeff Bezos, is on track to become the world’s first trillionaire, despite the COVID-19 pandemic. As many consumers turn to the online shops, we look at consumer rights in the online sphere. Goods that are faulty/not as expected Goods are required to be of satisfactory quality, fit for purpose and match any description provided. By ‘satisfactory quality’ it is meant that the product is free from faults, even minor ones and reasonably durable (how lo ..read more
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Fair presentation of risk: waiver of an insured’s duty to disclose.
Brodies LLP » Dispute Resolution
by Blair Munro
4y ago
The recently published decision by the Inner House in Wayne Stephen Gardner Young v Royal and Sun Alliance Insurance PLC [2020] CSIH 25 considers the question of when an insurer may be found to have impliedly waived an insured’s duty to disclose certain information. Facts In March 2018 a Glasgow nightclub was extensively damaged by fire and had to be demolished. The owner sought indemnity from his insurers who refused, citing the owner’s failure to disclose that he had previously been a director of four insolvent companies as the basis for avoidance of the policy. The owner brought a claim aga ..read more
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Covid-19 – sheriff officers and recovering arrears
Brodies LLP » Dispute Resolution
by Matthew Farrell
4y ago
Many commercial leases in Scotland are registered in the Books of Council and Session.  For arrears, a registered lease has the same authority as a court judgement.  As a consequence, a landlord has a variety of effective enforcement options.  None of those options, other than winding up, have been affected by the Coronavirus legislation that has been passed or is currently in bill format. Technically these are – and always have been – available to landlords. However, the enforcement options need to be served by messengers at arms.  Until now, the messengers and sheriff off ..read more
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COVID-19 and Business Interruption in Scotland – What’s the Difference?
Brodies LLP » Dispute Resolution
by Louise Kelso
4y ago
The lockdown measures have generally been stricter in Scotland than in the other quarters of the UK; and Scots have had to wait longer for any meaningful relaxation of the relevant rules and guidance. What impact has this had on those who have experienced business interruption in Scotland? The Knock-on Effect of Lockdown in Scotland The tougher lockdown regime in Scotland and later easing of measures might have had a yet further adverse impact on those doing business north of the border; particularly given the high test that must be met before a business can maintain any premises or operations ..read more
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Tomorrow’s World – A Litigator’s View
Brodies LLP » Dispute Resolution
by Karen Stachura
4y ago
Recently, my son had to pick a speech from one of Shakespeare’s works to recite to his class. He settled on the famous speech by Macbeth : “Tomorrow and tomorrow and tomorrow …….” This speech frequently comes to mind in our current times. Tomorrow seems the same as today and yesterday. I see people walking anti-clockwise round the park, just to do something different from the day before. Yet, I can’t help but see the positives. I see people whom I have never seen before out for a walk or cycle. Alcohol consumption may have increased, but so too have ..read more
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