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 interestings aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.
It can be extremely frustrating for clients and their representatives when one side of a dispute acts in a way that deliberately makes the litigation process longer and more costly. This can be a problem in cases which involve a party litigant – someone who does not use legal representation but chooses to make their own representations to court.
A recent court decision has given simple procedure users in Scotland some much needed confirmation regarding expenses.
In light of the recent woes brought on in part by delays in high risk construction projects, Harper Macleod's Head of Construction, Michael Conroy, compares the Scots and English law positions in relation to 'concurrent delays' and suggests practical steps to be taken by parties to contracts which may reduce or mitigate their exposure from disputes.
The first decision of the Upper Tribunal for Scotland, which hears appeals from the First-tier Tribunal for Scotland (Housing and Property Chamber) has provided useful guidance on the definition of a "homeowner" under the Property Factors (Scotland) Act 2011. The decision of Shields and Blackley -v- Housing and Property Chamber, applies a wide definition of homeowner to include those who no longer own the property in question.
A recent case highlights that failure to engage in the court process and follow the court rules will not be taken lightly by the court. Further, unnecessary delays without reasonable excuse will not be tolerated in the Scottish courts.