HM Insights

Legal Insights & Industry Updates

Life, business and the law

The law never stands still, and the way it applies to you and your organisation is constantly evolving. Our people are on top of these developments and can keep you up to date with some of the most interesting aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.

Latest articles from E-Ming Fong

  • Supreme Court rules in favour of businesses in landmark Business Interruption Insurance test case

    Supreme Court rules in favour of businesses in landmark Business Interruption Insurance test case

    The Supreme Court has handed down its judgment on the operation of Business Interruption insurance policies, with particular reference to the effects of Covid-19. The Supreme Court has substantially found in favour of the insured businesses. Given the continual and fast-moving changes to the Government's instructions through press conferences in response to Covid-19, this is welcomed clarification for businesses and policyholders alike.

  • Court decision opens up potential Covid-19 claims by Scottish businesses under business interruption insurance

    Court decision opens up potential Covid-19 claims by Scottish businesses under business interruption insurance

    On 15 September 2020, the High Court in London handed down its decision in The Financial Conduct Authority v Arch Insurance (UK) Ltd and Ors. The judgment provides guidance on the operation of non-damage business interruption insurance, with particular reference to the effects of Covid-19. It opens up potential claims by policyholders against insurers, with the FCA estimating that the decision could impact as many as 370,000 policies. In the event that insurers seek to avoid paying out, Scottish business owners may find that litigation is a necessary step for recovery.

  • Who cares? The current rules on paying for residential care in later life

    Who cares? The current rules on paying for residential care in later life

    Paying for care in later life is an issue which has been to the fore in the current election campaigning. Whoever wins, it's clear that care and attention is required when dealing with capital assets in the context of residential care in later life given the wider consequences post-transfer. Here are some of the key points to bear in mind.

  • Is the law on servitudes at 'sixes and sevens' for property owners

    Is the law on servitudes at 'sixes and sevens' for property owners

    Surely when you buy a property or land, you need to be absolutely certain as to what you have just bought? Harper Macleod's litigation team successfully defended a court action on the subject of servitude rights of access, and when they can be implied. The decision of the Court of Session in that case served as a timely reminder of what can go wrong when a property does not clearly benefit from all necessary ancillary rights required for its use.

  • Time and Tide wait for no man

    Time and Tide wait for no man

    When it comes to enforcing rights and obligations in Scotland, time and tide wait for no man. Rights and obligations in Scotland are subject to statutory rules on time bar as set out in the Prescription and Limitation (Scotland) Act 1973.