In Scotland, we have had the benefit, and in some cases experienced the challenges, of more than a decade of market globalisation. On the whole this has been a very positive trend that has presented tremendous opportunities for those who have spotted the potential for business growth in new markets and have invested accordingly.
Most people in the commercial world, even if not lawyers, are aware of what a contract is and may even have heard of a duty of care. Many may even appreciate that a breach of either can give rise to a legal liability. Fewer, however, are familiar with the concept of the fiduciary obligation and …
Continue reading “Beware the long reach of fiduciary obligations”
In April 2014, the pan-European car park operator, Apcoa, obtained the sanction of the High Court in England to a set of schemes of Arrangement under Part 26 of the Companies Act1. With the group’s finances under pressure, this step was taken purely in order to extend the term of its loan facilities. In September, …
It is with a melancholy heart that the following observation is made: terrorism is more than ever still a very real threat. Immigration policy remains high on the ‘finger-pointing’ list for being a contributing factor. A fair comment? It’s far from an easy one to call. Recent press will show that proposals have been made …
The government is expected to produce draft regulations to introduce a new minimum energy efficiency standard for non-domestic and domestic rented buildings.
The High Court’s decision in Richard Edwards v Jahit Ahmet Ashik [2014] has provided useful guidance on what is required to rebut the presumption that fraudulent pre-contractual representations are taken to have induced the recipient into entering a contract. Timothy Fancourt QC, sitting as a Deputy High Court Judge, held that positive evidence that the representee …