12.09.19
Dispute Resolution & Litigation update
A Scottish case which was decided earlier this year, Bullough v the Royal Bank of Scotland PLC [2019] CSOH 24, provided some welcome clarity on the rules about waiver of legal professional privilege (“LPP”).
In broad terms, LPP is a legal right to refuse the otherwise compulsory disclosure of information where that would reveal the content of legal advice between a solicitor and a client, or information or advice which has been prepared for the dominant purpose of conducting a litigation (for additional information on the criteria required to assert LPP, see our article “Confidence...
09.09.19
Construction update
In a Court of Appeal decision handed down last week the court considered whether milestone payments in a construction contract constituted an adequate mechanism for payment in terms of the Construction Act.
The decision arose out of an appeal in the case of Bennett (Construction) Limited v CIMC MBS Limited (formerly Verbus Systems Limited).
The Facts
The main contractor (Bennett) engaged subcontractor (CIMC) to design, supply and install pre-fabricated bedroom units for a hotel it was constructing. The sub-contract incorporated the JCT standard form terms but replaced the standard...
09.09.19
Insurance & Risk update
One of the fundamental principles underpinning our legal system is that of ‘open justice’; having justice not only be done, but be seen to be done. This is an essential component of a legal system in any democratic society. Open justice allows for the sort of public scrutiny of the courts which was famously described by Jeremy Bentham, the great legal philosopher, as ‘the very soul of justice’.
This is the principle underpinning the recent Supreme Court decision in Cape Intermediate Holdings v Dring which ruled that people who are not parties to a court action could have access to...
04.09.19
Brexit
In 2016, following the result of the EU Referendum, the Loan Market Association issued a note to members highlighting the main areas in industry-standard documentation which would be affected by the UK leaving the EU. The shape of that exit would impact on the changes required and given discussions around a withdrawal deal, the conclusion was to hold fire on making changes to English law LMA documentation until any proposed change to English law takes effect.
The position has been updated in 2018 and further supplemented this year. While there is still a sense that an industry-wide...
