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Publications
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How To Change Employer Mid-Stream With several employers recently facing difficulties, Mike Barlow, Partner, Construction Group, notes what a contractor should look out for if an employer goes into administration and - in order to salvage the project - a new employer is proposed. (June.10)
Landowners: Set Your Sites On Renewables Nick Jones, Head of MacRoberts Energy Group, comments on landowners realising the renewables potential to their assets. (June.10)
ECJ Rules on Contract Variations! Duncan Osler, a Partner at MacRoberts specialising in Procurement matters, highlights a recent European Court of Justice judgment clarifying the test to be applied when a contracting authority seeks to vary an existing public contract, particularly where a sub-contractor is replaced prior to, or following, contract award. (June.10)
Avoid Recipe For Disaster Shona Frame, a Partner in MacRoberts Construction Group, analyses the attitude of the courts to which contract terms should take precedence when they conflict in the light of a
recent court ruling. Avoid mixing standard contracts and bespoke amendments, she advises. (May.10)
Getting The Lowdown On The New UK Bribery Act Valerie Surgenor, Senior Associate, Technology Media & Communications Group, outlines the new legislation introduced to reform UK bribery and corruption law - simplifying the law, whist allowing a more effective response to offences that occur in the UK or abroad. (May.10)
With Or Without Prejudice? Julie Hamilton, Partner, Commercial Dispute Resolution Group highlights that some people make the mistake of assuming that including the words “without prejudice” in correspondence provides a magical shield which protects all statements made from being relied upon in court at a later date. (Apr.10)
A Renaissance For Scottish Arbitration Shona Frame, Partner, examines the Scottish Arbitration Act which has given tribunals new teeth to ensure fair and impartial hearings, with no undue expense or delays. Great hopes have been pinned on the new rules, making Scotland an attractive venue for dispute resolution. (Apr.10)
Can You Tell Your Blogging Employees To Blog Off? Karen McGill of our Employment Group and Valerie Surgenor of our Technology Media & Communications Group highlight a significant employment issue arising from the recent explosion of social networking - the vast majority of companies’ employment contracts and additional policies do not adequately deal with the issue. (Apr.10)
Taking a look at the New CRC Energy Efficiency Scheme: What does it mean for organisations involved in PFI & PPP? Andrew Orr, Partner, Projects Group comments on the department of Energy & Climate Change's recently issued updated guidance on the new CRC Energy Efficiency Scheme which aims to reduce carbon dioxide emissions through energy efficiency. (Mar.10)
Agency Workers - Mind The Gap! The question of whether a person supplied by an agency to another business ('an end-user') can ever become an employee of that end user has been considered by the appeal court, details Graham Mitchell, Partner, Employment Group. (Mar.10)
Defences in Adjudication The issue of what material can be considered by Adjudicators, whether material submitted by a Referring Party or defences put forward by Respondents, has come before the courts on several occasions. Shona Frame, Partner in MacRoberts Construction Group notes that the position does now appear to have been clarified following a string of cases. (Feb.10)
Taking More Than The Biscuit? Changes in EU law are set to transform website user options regarding sites logging their behaviour by means of cookies, especially Flash cookies, notes Valerie Surgenor, Senior Associate in MacRoberts Technology Media & Communications Group. (Feb.10)
Contractual Remedies For Adverse Weather The impact of seasonally adverse weather on construction sites and what contractual remedies may be available for the resultant delays and costs are detailed by Shona Frame, Partner in Construction at MacRoberts. (Feb.10)
Money Attachment - Another New Diligence A new form of diligence was recently created allowing creditors to seize money belonging to a debtor in satisfaction of a debt. Julie Hamilton, Partner in Commercial Dispute Resolution at MacRoberts explains. (Jan.10)
Civil Monetary Penalties - Government Consultation: MacRoberts 16 December 2009 response to the Ministry of Justice Consultation. Click here to view our e-update of 13 January 2010 regarding the Government's Consultation Response. (Dec.09 & Jan.10)
The Net Effect Of Net Contribution Clauses A case involving innovative arguments seeking to get around the terms of net contribution clauses in relation to collateral warranties is examined by Shona Frame, a Partner in the Construction Group at MacRoberts. (Jan.10)
500,000 Reasons For Data Controllers To Be Careful David Flint, Partner in MacRoberts Technology Media & Communications Group, comments on the Ministry of Justice issuing a consultation paper to assess the appropriateness of fines of 10% of annual turnover for serious breaches by data controllers of any data protection principles. (Dec.09)
How Will The Construction Act Changes Affect The Adjudication Process? Craig Turnbull, a
Partner in MacRoberts Construction Group, comments on recent changes to the Construction Act
impacting upon adjudication. (Dec.09)
EU Procurement & Land Development - Oil & Water? Duncan Osler, a Partner with MacRoberts accredited as a Specialist in public procurement law by The Law Society of Scotland, comments on rules meaning that private sector owners may not always be free to choose contrators for a major development. (Nov.09)
Flash Cookies: Is The EU About To Make Them Crumble? Valerie Surgenor, A Senior Associate in the Technology Media & Communications Group at MacRoberts examines the recurring issue of web 'cookies' and website users knowledge of their use. (Nov.09)
Protections When Contracting - Improve Your Chances Of Getting Paid! In the challenging economic climate, protecting cash flow and effective credit control is paramount - however businesses can bolster chances of recovery with some front-ended measures at the time of contracting, notes Gillian Craig, a Senior Associate specialising in Commercial Litigation at MacRoberts. (Oct.09)
Breaking The Chain There is little case law on the inter-relationship of the contracts within a PPP project, but useful guidance comes from a recent case in the Scottish Court of Session. Shona Frame, a Parter in MacRoberts Construction Group analyses its significance. (Oct.09)
Further Attack On The Self-Employed Status Of Construction Workers For Tax Purposes Ainsley MacLaren, Partner and Head of MacRoberts Corporate Tax Group, comments on HMRC's proposals and consultation in relation to tax and workers in the construction industry. (Sept.09)
Holiday Pay and the Long-Term Sick The subject of employees on long-term sick leave and their holiday pay entitlement has been the subject of a long-running saga spanning some ten years, which has seen a referral to the European Court of Justice (ECJ) and has ultimately been decided recently by the House of Lords, comments Marivi Prescott, a Senior Associate in Employment with MacRoberts. (Sept.09)
CEDR Adjudication Rules Shona Frame, Partner in the Construction Group comments on a novel twist to be found in the CEDR Solve Rules for Construction Adjudication September 2008 and the more unusual provisions which appear. (Aug.09)
Diligence Update: Bankruptcy & Diligence Etc (Scotland) Act 2007 - Where Are We Now? Gillian Craig, a Senior Associate at MacRoberts, notes that the implementation of the Bankruptcy and Diligence etc (Scotland) Act 2007 continues apace, the most recent instalments relating to inhibition, arrestments in execution and actions of furthcoming. (Aug.09)
Goodbye To The Statutory Dispute Resolution Procedures Marivi Prescott, Senior Associate in Employment with MacRoberts reports on the implications for employers of the recent end of the statutory dispute resolution procedures and the start of the ACAS Code of Practice on Discipline & Grievance. (Aug.09)
New Revision to Standard Forms Issued by JCT Shona Frame, a Partner with MacRoberts accredited by the Law Society of Scotland as a Specialist in Construction Law, updates on the main changes of the recent JCT issued Revision Z of the Standard Building Contract, the Design and Build Contract and the Minor Works contracts. (Jul.09)
Access All Areas Many businesses are currently preparing for potential redundancies and employment disputes, and as Valerie Surgenor, a Senior Associate with MacRoberts reports, one area that cannot be overlooked is the perennial subject access request from a disgruntled (ex)employee. (Jul.09)
Adjudication Provisions in PPP Contracts MacRoberts Partners, Shona Frame and Alison Horner, note that, as a result of the complex interaction of the multitude of contracts involved in a PFI/PPP scheme and the pass down of risk from the Authority procurer through the Project Company to the Building Contractor and Facilities Management Contracto, the dispute resolution provisions within PFI/PPP project documents are necessarily more complex than most. (Jun.09)
Dispute Resolution - Finding Creative Solutions Shona Frame, a Partner with MacRoberts, notes that the days are gone when dispute resolution solely revolved around court or arbitration. The rise of alternative forms of dispute resolution and parties considering alternative avenues has given rise to a wealth of rnechanisms to explore resolution of contentious problems. (Jun.09)
Partnership in Progress Alison Horner, a Partner with MacRoberts, explains why timely notice of compensation events lies behind a well managed NEC 3 contract. (Jun.09)
Small Scale Equals Big Results One of the many benefits of living and working in Scotland is the huge potential for harnessing green energy, notes Nick Jones, Head of Energy at MacRoberts. (Jun.09)
Governing on the Right Side of the Law The ramifications of the Companies Act 2006 will be felt for some time, as the burden of legal compliance gets heavier, comments lan Dickson, Corporate Partner with MacRoberts. (May.09)
In Praise of Pre-Packs Alan Meek, Head of Corporate Recovery at MacRoberts, argues that sales effected through pre-packs can be part of an economic solution rather than part of the problem. (May.09)
Fair Payment Practices: Re-Inventing the Wheel? Shona Frame, a Partner with MacRoberts, takes a look at the Guide to Best Fair Payment Practices and the efficacy of Project Bank Accounts. (May.09)
An Early Warning Sign for Peace of Mind Although they don't grab the headlines, caveats can save a business from a few headaches, as Julie Hamilton, Partner with MacRoberts explains. (May.09)
Rough Guide to Arrears of Rent Gillian Craig, a Senior Associate & specialist in commercial litigation at MacRoberts says that landlords are in a fortunate position when it comes to forcing payment. (Apr.09)
Honestly, it’s Always the Best Policy In its tough fight against cartel activity, the Office of Fair Trading has published new leniency guidance, as John Reid, Associate with MacRoberts, reports. (Apr.09)
Time is Up for the Name Game Opportunists In an attempt to prevent opportunistic company name registrations, Valerie Surgenor, a Senior Associate with MacRoberts, notes that part 3 of the Companies Act has introduced a set of new rules to provide aggrieved parties with the ammunition to fight back. (Mar.09)
On The Right Side Of The Law The effects of the credit crunch are being felt across boardrooms the length and breadth of the country comments John Macmillan, Employment Law Partner with MacRoberts. (Mar.09)
Going For Golden Opportunities Glasgow is to host the Commonwealth Games in 2014. Margaret Kinnes, Senior Associate with MacRoberts comments on what this means for the Scottish construction industry. (Mar.09)
Warm Welcome For New Arbitration Bill, But Needs More Thought? Neil Kelly is a Partner with MacRoberts and Head of Construction. He acts for employers, contractors, consultants and their insurers. (Mar.09)
Keep A Cool Head Katy Wedderburn, Partner with MacRoberts, notes that ACAS, the government's voluntary conciliation and arbitration service,has introduced much-anticipated revised advice for resolving disputes inthe workplace, in its new Code of Practice on discipline and grievance. (Feb09)
Uncertainty Still Blowing In The Wind Are planning policies helpful in the development of renewable energy projects? Sarah Pirie, Partner with MacRoberts, looks at the supportive planning policy implemented in Scotland and if local authorities are embracing this. (Feb.09)