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Disputes

Disputes

Defamation Claims: Putting The Fear In Broadcasters?

Just two years after Transworld abandons the publication in the United Kingdom of Lawrence Wright’s novel ‘Going Clear: Scientology, Hollywood and the Prison of Belief’, Sky Atlantic is now withholding the broadcast of a new television documentary based on the book, amidst concerns over potential defamation claims in Northern Ireland.

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LChalmers

Court Wades Through Deep Water To Cancel Out Wind Farm Contractor’s Liability

With one huge judicial blow the English Court of Appeal last week reduced a sub-sea engineering contractor’s liability from €26.25 million to just £10, showing that if you want to impose a ‘fitness for purpose’ liability in your contract you must be upfront and crystal clear in your wording.

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LChalmers

Jaws Of A Dilemma Over Katy Perry’s Shark

Colin Hulme

Katy Perry’s half-time show at this year’s Super Bowl was made especially memorable for the comedy value of her backing dancer now known as “Left Shark” who appeared to have forgotten his dance moves. However, few of the 118 million viewers will have immediately been alert to the global brand protection issues which would arise for the performer.

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LChalmers

What's Next For Product Liability Actions?

Fiona McAllister

A transformation of the Scottish civil justice system is expected this year as the Courts Reform (Scotland) Act 2014 comes into force. The first provisions came into effect on 1 April 2015 and the next tranche will be effective from September 2015. Here we take a look at a couple of ways in which this new legislation will impact on how product liability actions are taken forward in Scotland.

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LChalmers

Breaking News: Judgment In The Woolworths Collective Redundancy Consultation Case

Andrew Knight

In February we sent out an article reporting on the opinion of the Advocate General of the Court of Justice of the European Union (CJEU) in the important and widely publicised case involving Woolworths.

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LChalmers

Share And Share Alike: Discrimination Implications Of Shared Parental Leave?

This year brings more interesting developments to the world of employment law, particularly with the introduction of Shared Parental Leave (SPL).  As discussed in our blog in July 2014, the new legislation applies to children expected to be born or adopted on or after 5 April 2015.  It aims to provide parents with greater flexibility in terms of the time they take off following the birth or adoption of their child.   Many employers will cu

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LChalmers

Your £3.745m Loan Has Been Approved... Need I Say More?

“You’ll be pleased to know it’s all approved”

The Supreme Court has today confirmed that the statement above, made in a telephone conversation with a customer, was enough to create a binding obligation on RBS to lend nearly four million pounds (Carlyle v RBS).

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LChalmers

ATE Insurance Premium Not Recoverable Legal Expenses

After the event (ATE) insurance is a type of policy taken out after a dispute has arisen to protect against the risk of having to pay the opponent's legal costs if you lose. The UK Supreme Court has held in McGraddie v McGraddie that an ATE insurance premium is not a recoverable cost by the successful party in Scottish proceedings.

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LChalmers

You Put It There In The First Place!

Have you ever stood on an upturned plug?  I have.  At least three times, from memory.  It is a combination of the most irritating and uncomfortable injury I have ever sustained.  Each time, I found myself grabbing my foot, hopping around like a kangaroo and screaming “WHO PUT THAT THERE?!”

This may seem like a completely unreasonable response to (a) not watching my step and (b) neglecting to wear anything on my feet, but I would not be the first to lay the blame for my injuries on the person who brought the offending product into my personal space.

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LChalmers

Scottish Courts: Changes on the Way

Stephen Farrell

The Lord President of the Court of Session, Lord Gill, yesterday announced a timetable for implementation of various parts of the Courts Reform (Scotland) Act 2014:

From September 2015

  • A new personal injury court with Scotland-wide jurisdiction will be established in Edinburgh.
  • The threshold for raising cases in the Court of Session will increase from £5,000 to £100,000
  • A new Sheriff Appeal Court will be created to deal with appeals from sheriffs.  The court will have nationwide jurisdiction (rather than the present appeals to

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Burness admin