Damages claims by victims of antitrust violations
A proposed Directive that will help individuals and companies claim damages if they are victims of infringements of EU antitrust rules, such as cartels and abuses of dominant market positions, has recently received the backing of the European Parliament. The Directive is based on a proposal by the European Commission and aims to remove a […]
Lease dispute goes initially in favour of M & S
The Court of Session has recently ruled against plans by the Gyle Shopping Centre in Edinburgh to build a Primark Store partly on an existing car park, because Marks & Spencer (M & S), one of the centre’s tenants, has a share in rights to the car park. It is merely the first stage in […]
New building repairs legislation
Proposed measures to assist local authorities in recouping the costs they incur in making defective or dangerous buildings safe have been welcomed by the Scottish Parliament’s Local Government and Regeneration Committee. The measures are the main focus of a Members’ Bill, which was introduced by David Stewart MSP in October 2013. The Defective and Dangerous […]
Rectifying consumer disputes – consultation
Plans to give consumers greater access to redress if something goes wrong with their purchase of goods or services are the subject of a recently launched Government consultation. The consultation sets out the Government’s proposals for an alternative dispute resolution (ADR) scheme to help consumers resolve their complaint without the cost and hassle of going […]
Resolving “high hedge” disputes
Resolving disputes between neighbours over the size of garden hedges should become a bit easier after a new Act comes into effect in April this year. The High Hedges (Scotland) Act 2013 will commence on 1st April, having received royal assent last year. The legislation is intended to provide a solution to problems caused by […]
Reforming Scotland’s civil courts – Bill published
In a recent development that will be of interest to anyone contemplating taking a legal dispute to one of Scotland’s civil courts, the Scottish Government has published further details of new legislation that it says will bring about the biggest modernisation of Scotland’s courts in a generation. Civil Courts Review The reforms follow on from […]
Misrepresentation in a contract – new ruling
The Supreme Court has recently given its ruling in a contractual dispute involving the lease to a grouse moor. The case dates back to 2006 when a Mr Erskine was in discussions with the owners of a grouse moor over the possibility of leasing it – although he had expressed concerns about the level of […]
Issues remaining in Consumer Rights Bill
The Government’s draft Consumer Rights Bill has the potential to consolidate, simplify and modernise consumer law, but this depends on resolving issues and inconsistencies in the draft, according to a recent report from Parliament’s Business, Innovation and Skills Committee. While the Bill intends to create enhanced protection for consumers of services, it only includes a […]
Warning over Housing Bill provisions
The Scottish Federation of Housing Associations (SFHA) recently appeared in front of the Scottish Parliament’s Infrastructure and Capital Investment (ICI) Committee, to give oral evidence on the Housing (Scotland) Bill. The Bill was introduced in November last year and contains a number of key provisions, including the abolition of the Right to Buy for council […]
New international rules on mediation
Mediation, and other forms of alternative dispute resolution, often offer a better solution to commercial disputes than going to court – so it is good to see that the new International Chamber of Commerce (ICC) Rules of Mediation are now in force. The new Rules came into force on 1st January, replacing an earlier set […]
