22.07.19
Insurance & Risk update
On 15 July, the Lord Chancellor announced that the discount rate for England and Wales would be increased from -0.75% to -0.25%. This is a lower increase than had been predicted and a disappointment for the insurance industry, who do not believe it will allow for an appropriate assessment of future loss claims (such as claims for future earnings or care); but what does the decision mean, if anything, for Scotland?
There has been some speculation that the Scottish Government will step in line with the Lord Chancellor’s decision and fix a matching rate. However, the Scottish legislation does...
12.07.19
Insurance & Risk update
In the context of a number of decisions which apparently increase the scope of vicarious liability (i.e. liability for another’s negligence) and particularly in light of the Supreme Court’s decision in Armes v Nottinghamshire County Council [2017] UKSC 60; local authorities might feel reassured that Poole Borough Council was not found liable for harm caused to the claimants by abusive neighbours. However, any such comfort may be misplaced.
Background
This case concerned claims brought by two men who, when they were children, had been placed in local authority housing along with their...
09.07.19
Real Estate update
The growing trend for people to enjoy vacations in the homes of others has provoked much debate from neighbours, communities and local authorities across Scotland, as well as the rest of the UK.
In response to this, the Scottish Government assured local authorities that they would be given appropriate regulatory powers to balance the needs and concerns of their communities, with wider economic and tourism interests. A Short Term Lets Delivery Group, made up of officials from various areas across the Scottish Government, was set up to look at the positive and negative impacts of short term...
08.07.19
Construction & Engineering update
The Court of Appeal’s decision in S&T (UK) Limited v Grove Developments Limited [2018] EWCA Civ 2448 sent ripples through the construction industry and was set to shift the utilisation of payment adjudications. This decision has now been marked for appeal to the Supreme Court.
Smash and Grab vs True Value
By way of reminder, a “smash and grab” adjudication can occur where a party has applied for payment and the payer (e.g. the employer or main contractor) has failed to serve a valid or timely payment or pay less notice in response. These notices are the payer’s opportunity to...
