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Legislation

Legislation

BackTo60: Back to Square One

Burness admin

Commercial Litigation: Seven top tips to avoid being Trumped on court costs

Litigation can be expensive; Donald Trump knows that. In February this year, he was ordered by a Scottish court to pay the legal expenses of the Scottish Government after he unsuccessfully attempted to block a windfarm, which he thought would ruin the view from his golf resort north of Aberdeen. The bill apparently comes to tens of thousands of pounds and, according to media reports last week, he is refusing to pay it.

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Another One Bytes the Dust: a commercial litigator’s view of Thomas Cook’s collapse

Journalists might have expected to enjoy a slow news day, increasingly rare in the Brexit era, while awaiting the Supreme Court’s judgement on the prorogation of Parliament. 

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Post-Termination Grievances: to hear, or not to hear?

An issue that commonly arises in practice for many employers is how to handle grievances raised by former employees. To date, the legal obligations on an employer in these circumstances have not been clear – especially since the abolition of the Statutory Disciplinary and Grievance Procedures. In particular, the Acas Code of Practice on Disciplinary and Grievance Procedures is silent on this point. 

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Dilapidations – coffee sweetener as a measure of loss

Coffee sweetener as a measure of loss? Honestly? Well…

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Commercial Litigation Strategy: Lessons from BoJo vs Bercow and the Scottish Courts

There’s a well-known military saying about battle plans: “no plan survives contact with the enemy”. I prefer Mike Tyson’s glorious re-imagining of it for the boxing ring: “everyone has a plan until they get punched in the face”. As I tweeted recently, Boris Johnson is discovering that this remains as true as it ever was. And from the outside it seems that he’s getting punched in the face a lot.

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Guaranteed Minimum Pension equalisation: on your marks, get set...

Go! It’s time for pension schemes to get out of the blocks in their preparation for Guaranteed Minimum Pensions (GMP) equalisation.

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Notices – getting them right and the costs of getting it wrong

Serving notice under a contract might seem pretty straightforward, but there have been plenty of cases where the receiving party successfully challenges the validity of a contractual notice in court.  Getting the notice right is crucial, and last month the court reminded us of the potentially drastic consequences of getting the notice wrong (which, in this case, was some £8 million for the party who had failed to serve the notice correctly).

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A casual calculation: holiday pay for irregular workers

Employers will be taking a sharp intake of breath at the recent decision of the Court of Appeal in the case Brazel v The Harpur Trust (UNISON intervening) which addresses how to calculate pay for workers and employees who work irregular hours throughout the year.

The decision

The case concludes that the current practice of paying 12.07% of annualised hours to discharge an employer’s holiday pay obligation, as set out in ACAS guidance, is no longer reliable.

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Insurance litigation in Scotland – What can we expect for the second half of 2019?

As we pass the mid-point of 2019, our insurance litigation team reviews what we should look out for in the second half of 2019 and beyond.

New rules on costs and group proceedings

The Civil Litigation (Expenses and Group Proceedings) Scotland Act 2018 has three main objectives: (1) to make the costs of court actions more predictable; (2) increase funding options for the pursuer; and (3) deliver a more streamlined approach to mass litigation through the introduction of group proceedings. 

Possibly the most signifi

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