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Publications Archive
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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)
Companies Act 2006: Company Directors in the Firing Line 1st October 2008 was another milestone in the staged implementation of the Companies Act 2006, notes Keith Borrow, Senior Solicitor with MacRoberts, with further significant sections of the Act coming into force. (Dec.08)
Time for Cost Efficiencies in Construction Industry Alison Horner, Partner with MacRoberts, examines amendments to a 1996 Act which could save the construction industry up to £1bn. (Nov.08)
Being Flexible Means Keeping Up With Change Katy Wedderburn, Partner with MacRoberts, takes a look at some recent significant changes to employment law. (Nov.08)
Cartels - No Case For Exemplary Damages There’s no doubt that a corruption scandal in the construction industry makes for a good headline, notes Julie Hamilton of MacRoberts. (Nov.08)
Alternative Payment Solutions As some banks’ lending has ground to a halt, Mike Barlow of MacRoberts looks at what it means for the construction industry. (Nov.08)
The Proof Is The Programming Programming is still considered in some quarters as a black art and for those parties who rely on complex critical path analysis, the case of City Inn Ltd v Shepherd Construction Ltd offers a salutary tale says Shona Frame of MacRoberts. (Oct.08)
Putting the DIF into Difficulties The Council of Mortgage Lenders (CML) has recently implemented use of its Disclosure Incentive Form, as Simon Hay, Partner in MacRoberts Real Estate Group, explains. (Oct.08)
Cost Efficiencies Finally Arrive for Construction Industry Alison Horner, Partner with MacRoberts, explains why a Bill containing proposed amendments to the Construction Act 1996 is much anticipated. (Oct.08)
Changing Face of Procurement Duncan Osler, Partner with MacRoberts solicitors, gives his view on the implications of the evolving public procurement process in Scotland. (Sept.08)
Protecting Development Funding in a Difficult Climate With the gloomy economic forecast, development funding is increasingly hard to obtain. Indeed, some banks' lending seems to have actually ground to a halt. (Sept.08)
The Need for Negotiation Julie Hamilton, Senior Associate with MacRoberts, explains why negotiation should always be the first option in a construction dispute. (July 08)
Trial and Attribution A recent decision of the Court of Session (Aedas Architects Limited v Skanska Construction UK Limited) has raised interesting questions in relation to notices of withholding under section 111 of the Housing Grants, Construction and Regeneration Act 1996. (July 08)
Ending Discrimination By Association The question of whether EU law protects employees from discrimination who are ‘associated’ with or parents of disabled people, was put to the Advocate General of European Court of Justice (ECJ) recently, after the recent UK Coleman v Attridge Law case. (June 08)
No More Cavalier Attitudes One date earlier this year – the 28 January to be precise – marked European Data Protection Day. This annual event is designed to raise awareness throughout Europe of the public’s data protection rights as well as their own responsibilities. (June 08)
A Remedy Called Negotiation Most claims in the construction industry are settled by negotiation. Which is probably just as well otherwise many projects would not be out of the law courts. See, for example, the long running Wembley Stadium dispute. (June 08)
Make Disputes History Disputes may be a fact of life but the UK’s construction industry is one of the most litigious industries in the country. If only some simple common sense was employed, many disputes could be avoided. (May 08)
Community Right To Buy: Covers More Ground Than You Think Long before the Labour government introduced the Land Reform (Scotland) Act 2003, the perceived inequality of 600 owners owning 50 per cent of Scotland was seen as a matter ripe for modernisation. (May 08)
Playing the workplace game With the growing popularity of social networking sites on the Internet, the behaviour of some employees continues to concern organisations, says MacRoberts’ Marivi Prescott. (Apr.08)
Risky Business MacRoberts’ Kelsey Gibson reports why the issue of uninsured risks is proving a thorny subject in negotiating commercial property leases. Normally, in a commercial property lease it’s the landlord’s responsibility to arrange buildings insurance for a defined list of insured risks. In return, the tenant reimburses the landlord for the cost of arranging such insurance. (Apr.08)
Arbitration gets some assistance MacRoberts’ David Arnott examines what may lie in store for the arbitration process in Scotland. Arbitration has taken a bit of a battering in recent years as a dispute-resolving mechanism within the Scottish construction industry. (Mar.08)
On the receiving end MacRoberts’ Alison Horner reports on a revised legal definition of ‘actual delivery’. (Mar.08)
Fire safety is everyone’s business You may be confident as to what you would do in the event of a fire at your premises, but what about your customers? Would they know where to go? How about your staff? Are they fully up-to-date with fire safety precautions, and actions which would need to be taken in the event of an emergency? (Mar.08)
Mind the detail It may not be the most exciting subject ever but no-one can afford to overlook provisions in leases relating to the serving of notices as a recent case illustrated. This time around, it was Scottish Enterprise (SE) Tayside who learned that the importance of adhering to the precise terms of lease provisions sometimes only becomes clear when it’s too late. (Feb.08)
If not PFI, then what? With the Scottish Government’s well-documented aversion to PFI, where does this leave the funding of major capital and infrastructure projects in Scotland? The Scottish National Party (SNP) has always made its feelings about the Private Finance Initiative (PFI) known. (Feb.08)
Living by the code Come April, the Royal Institute of Chartered Surveyors’ (RICS) Scottish edition of its Code of Practice for service charges in commercial property will be in force. (Feb.08)
A right fine mess The implications of the Data Protection Act are causing friction as the music industry continues in its attempt to put a stop to illegal file sharing. MacRoberts’ David Flint reports. Illegal file sharing in the music industry continues to hit the headlines. Evidence suggests the reason so many people engage in it, is because there is no legal source of music which provides as good a customer experience as the illegal sites. (Feb.08)
A tough tack to take This year should prove a busy time for employers with the regular updates to employment law. One particular piece of legislation, The Immigration, Asylum and Nationality Act 2006, part of which replaces the provisions of the Asylum and Immigration Act 1996 concerning restrictions on employment, will come into force at the end of February. It will certainly keep employers on their toes. (Jan.08)
Clarity on Clearance Companies should take heed of the Pensions Regulator’s proposed updated guidance on clearance procedures, as Peter Trotter of MacRoberts reports: Sections 38 to 51 of the Pensions Act 2004 allow the Pensions Regulator to impose financial sanctions on companies in a variety of circumstances. (Jan.08)
Decisions blowing in the wind Situated on the edge of Europe, Scotland boasts one of the best wind resources in the world and a renewable energy industry geared up to deliver clean, renewable electricity. Moreover, almost five years ago now, the Scottish Government set a target for 2020 declaring 40% of electricity generated in Scotland should come from renewable sources. Against the odds, wind farm developments have played a significant role in moving towards that target. (Jan.08)
Beware of the Big C Imagine the scenario. You work for a small company and your boss asks you to project manage a brand-new publication to publicise and promote the firm and the services offered. (Jan.08)