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Latest Legal News

Latest Legal News

Taylor Report Into Civil Litigation Funding

This morning former Sheriff Principal James Taylor unveiled his report into the expenses and funding of civil litigation in Scotland.  The report contains a set of recommendations to the Scottish Government designed to improve access to justice.

A thumbs up for ‘no win no fee’

A principal recommendation is that ‘no win no fee’ damages based agreements (DBAs) should be enforceable in Scotland.  There has been a lot of criticism at the ability of claims management companies to enforce DBAs, but not solicitors, and the way that this distinction has b

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Burness admin

Procurement: Some Clarity Around Ambiguous Tender Documents

Graeme Palmer

It is well established that the fundamental principles of transparency and equal treatment of bidders require contracting authorities, when drafting tender documentation, to make sure that their requirements are clearly set out.  What does this mean though, and how far does an authority have to go in ensuring clarity? Many of the procurement issues that we see in practice centre around the possibility of interpreting tender documents in different ways, and whether or not a contracting authority could have framed its requirements in such a way as to avoid confusion or ambiguity.

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LChalmers

Scottish Government Legislative Programme

The Scottish Government has just announced its legislative programme for 2013/14.  The programme contains many Bills which will impact on dispute resolution in Scotland.  Some of the main features are set out below. 

Bankruptcy Consolidation Bill

This proposed Bill aims to consolidate Scotland’s bankruptcy legislation in one place.  The present legislation is currently in a fragmented state and is contained in various different Acts of the UK and Scottish Parliaments.

Housing Bill

The proposed

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LChalmers