The Corporate Insolvency and Governance Bill: English High Court backs tenants affected by COVID-19
Brodies LLP | Legal Resource Area
by Sophie Airth
4y ago
In previous blogs, we’ve discussed the temporary changes to the law being brought about by the UK Government’s Corporate Insolvency and Governance Bill. The Bill is set to strip Landlords of some of the tools available to recover arrears from their tenants. It will render statutory demands served between 1 March to 30 June 2020 ineffective, while making it near impossible for landlords to liquidate tenants (by winding them up) if they have been financially affected by COVID-19. We talked about the Bill in more detail here and the fact that most tenants will be able to argue that they have tak ..read more
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Telephone masts and rights to run them over private land
Brodies LLP | Legal Resource Area
by Claire Brown
4y ago
From time to time, telecoms companies may need to install telephone masts that run over private land. What rights do homeowners and landowners have if this happens? Telecoms operators have had enhanced rights to install, operate and maintain equipment on both public and private land under the Electronic Communications Code (the Code) since 2017. This assists with the roll-out of improved networks, like superfast broadband, to meet demands for greater connectivity. It’s possible that the telecoms company may ask the landowner to grant them a lease over an area of their land, with a right of ac ..read more
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What do crisps and health & safety have in common?
Brodies LLP | Legal Resource Area
by Niamh Murray-Sheridan
4y ago
As the nation’s workforce is impacted by the COVID-19 pandemic, our demands for certain products have surged. To keep the supply chain moving, some businesses are redeploying staff to cover shortages in busy areas. However, redeployment can increase risks where sufficient precautions aren’t taken. One of the areas where demand has increased is crisps.  This has come as no particular surprise to me. As a self-proclaimed crisp connoisseur, BBC’s Inside the Factory, Keeping Britain Going: Crisps Update was an unmissable bit of TV for me.  In the show, Gregg Wallace remotely re-visits t ..read more
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Climate Change and Housing: Bridging the Funding Gap
Brodies LLP | Legal Resource Area
by Chris Dun
4y ago
Climate Change and Housing: Bridging the Funding Gap How will Scotland finance the net-zero target? The Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 set fresh targets to reduce Scotland’s emissions of greenhouse gases to net-zero by 2045 (being 5 years ahead of the UK government target) and with interim targets for reductions of at least 75% by 2030 and 90% by 2040. Given its significant role in greenhouse gases production a large proportion of the targeted reduction will be focused on housing. Areas identified as requiring improvement and investment include property condit ..read more
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Schooling in the era of Covid-19 – prosecution of parents?
Brodies LLP | Legal Resource Area
by Tony Convery
4y ago
The return of children to schools in the context of the public-health emergency has proved to be a complex issue for governments north and south of the border. In Scotland, it is anticipated that almost all pupils will experience a “blend” of in-school and in-home learning from the start of the school year in August 2020. Recent media reporting suggests that, notwithstanding that Covid-19 may still be with us in August, parents will remain under a legal obligation to send their children to school, and, where they refuse to do so, will risk prosecution. But are we really likely to see Covid-19 ..read more
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Case Update: Jennifer McCulloch and Others v Forth Valley Health Board
Brodies LLP | Legal Resource Area
by Steven Graham
4y ago
The widow of a man who died from cardiac arrest (and other family members) brought an action against Forth Valley Health Board in the Court of Session for the allegedly negligent care provided to him by a Consultant Cardiologist. Although the findings in the judgment are not new law, Lord Tyre’s decision is a helpful reminder to clinical negligence solicitors of the scope of a doctor’s duty to advise patients of the risks of treatment (in terms of the Montgomery v Lanarkshire Health Board test) and the very limited circumstances in which a pursuer can rely on the ‘material contribution’ princi ..read more
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COVID-19 and Forestry in Phase 1 – Landowner Obligations
Brodies LLP | Legal Resource Area
by Euan O'Neill
4y ago
Although essential parts of the Scottish forestry industry have been operating throughout the restrictions on movement, the move into phase 1 of the Scottish Government route map has seen more forestry operations recommence.  With the publication of two documents by both the Scottish Government and FISA, the Scottish forestry industry now has specific guidance for operating during COVID-19. Although primarily aimed at the forestry industry, the documents also provide important information to landowners, setting out the scope of their enhanced health and safety obligations. The Scottish G ..read more
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Holiday pay reference periods: what changed from 6 April 2020?
Brodies LLP | Legal Resource Area
by Julie Keir
4y ago
The method of calculating holiday pay for workers without normal working hours, and for workers with normal working hours whose pay varies with the amount of work done (piece workers) or according to the time of the work (shift workers), uses a reference period. For example, holiday pay for workers with no normal working hours is calculated as an average of all sums earned in the reference period. This reference period was extended from 12 to 52 weeks in respect of holiday pay due on or after 6 April 2020. What does this mean in practice? The reference period was increased from 12 to 52 weeks ..read more
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What is a nuisance?
Brodies LLP | Legal Resource Area
by Eilidh Findlay
4y ago
Property owners can take legal action when they believe that the use and enjoyment of their land is being impeded by a nuisance.  The government has created statutory nuisances which may be caused by noise, light, smoke, vapour or odour. However, it’s not enough just to say that the nuisance caused by another party is occasionally irritating. The court will only uphold a claim if, having given due weight to all the surrounding circumstances, a reasonable person would find the nuisance intolerable. In the recent case of MacBean v Scottish Water [2020] CSOH 55, the Court of Session reminded ..read more
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COVID-19 and the refusal of consumer refunds: how the CMA is acting
Brodies LLP | Legal Resource Area
by Lauren Steele
4y ago
The Competition and Markets Authority (CMA) and the consumer group, Which?, have found that thousands of consumers are struggling to obtain refunds from companies where contracts are cancelled as a result of COVID-19. Both the CMA and Which? have identified that refunds are being refused, or consumers are being pressured into accepting vouchers instead of cash refunds. On 30 April 2020 the CMA announced the further investigation into three sectors: weddings and private events, holiday accommodation, and nurseries and childcare provision, due to a high number of complaints from consumers about ..read more
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