This article presents an update on some key areas in chemicals regulation and product stewardship. A central theme is the importance of businesses having reliable control of the information available through their supply chains, without which compliance is much harder to achieve and reputational risks much greater.
Continue reading “Know your supply chain: current issues for chemicals and product stewardship”
A classic battle of forms has ended in the faintly ignominious conclusion that neither party had done enough to have their standard terms and conditions (Ts&Cs) incorporated into the contracts in dispute. The High Court’s decision in Transformers & Rectifiers Ltd v Needs Ltd [2015] provides an instructive summary of key authorities and serves as a warning that parties in long-term commercial relationships must remain vigilant when it comes to asserting and, crucially, maintaining their contractual position.
Readers may be aware that changes to court practice proposed under the terms of the Courts Reform (Scotland) Act 2014 are beginning to take shape. Although it will take some considerable time for the effects of the changes to be fully realised, a modest degree of interpretation suggests that the changes have the potential to benefit both the public purse and day-to-day users of the court system.
On initial lettings of commercial property it is standard market practice to allow the tenant an initial fitting out allowance, generally by way of a rent free period. This rent free period is intended, in theory, to reflect the tenant’s time and expense incurred in fitting out the premises but is rarely calculated by reference to the actual time or cost of the tenant’s works. In the case of retail units it has become common market practice to offer a standard three-month rent free period.
Continue reading “Rent free fitting out periods and s34 of the Landlord and Tenant Act 1954”
As the dust settles on the most unpredictable general election in decades, it appears that very little has in fact changed. The immigration policy landscape looks remarkably similar to the way it looked in April. Following endless discussions about coalitions, agreements, hung parliaments and pacts, the Conservatives now have an overall parliamentary majority and have eased back into power without much anxiety or negotiation, leaving their former coalition colleagues floundering with just a handful of parliamentary seats and a looming leadership election.
Continue reading “The post-election immigration policy landscape”
For most companies, doing business today more often than not involves some level of international dealing. Globalisation can be great for business. But conducting business internationally can mean being subject to the laws of several countries, as well as any national laws with extra-territorial effect for conduct overseas. Therefore, one act or omission by a company may violate multiple laws.
Ensuring the security and quality of electricity supply across the GB transmission system is a huge challenge. The responsibility for this sits with National Grid by virtue of its Transmission Licence (granted pursuant to the Electricity Act 1989) and a series of codes, including the Balancing and Settlement Code (BSC). An obligation to comply with balancing requirements is also included in individual generation and supply licences.
Continue reading “A difficult balance: keeping the lights on ”
An essential part of any engineering or construction contract will be the contractor’s warranties as to the quality and standard of the works to be performed. Warranties are contractual assurances that aim to apportion risk and liability between parties, and give rise to a claim for damages if breached. They are often key points of negotiation as the employer pushes for certainty through absolute, or performance-based, objectives, while the contractor seeks to restrict their commitment to exercising reasonable skill and care (as is the limit in standard professional indemnity insurance). To complicate matters further, these warranties will frequently sit alongside a design specification containing details of exactly what is to be constructed and how it should be done.
Continue reading “What level of warranty has been given in ambiguous contracts?”
The pace of the change in the commercial property market in Scotland has been rapid of late. Within five months of each other, a new land registration system and a new property tax have been introduced. Coupled with developments in case law and the pursuit of the green agenda, property lawyers have been kept on their toes. Continue reading “Commercial property Scotland: an update”
The UK’s corporate legal profession has doubled in size in the past 15 years and one in four solicitors now works in-house. Lawyers, therefore, have more influence over corporate decision making and corporate lawyers represent a greater proportion of the profession than ever before. How can general counsel keep the legal function at the heart of the business? Continue reading “Positioning the legal function at the heart of the business”
For some years, a pre-packaged administration sale (pre-pack) was the preferred option for distressed High-Street chains when the directors were considering restructuring options. However, recently, there has been an upswing in the number of companies with large property portfolios opting to utilise Company Voluntary Arrangements (CVAs) rather than undergoing a more formal insolvency procedure, such as administration or liquidation. This could be because, among other advantages, under a CVA the company retains its corporate identity, which is lost under an administration or an insolvent liquidation and therefore, there should have less impact on trading. Continue reading “Developments in Company Voluntary Arrangements”
The UK is in the midst of implementing a series of immigration measures made law by the Immigration Act 2014 (the Act). The latest of these is the immigration health surcharge (IHS) for persons coming to the UK for longer than six months, which came into effect on 6 April 2015, together with confirmation of the NHS charges applicable to overseas visitors.