Law

A reclaiming motion by a local authority challenging the refusal of its counterclaim against an adjudicator’s decision that a Final Certificate of an amount due to a building contractor was not conclusive has been refused by a 2:1 decision in the Inner House of the Court of Session. D McLaughl

Bruce Allan, director of Malcolm Allan Housebuilders, has pleaded guilty to being responsible for the destruction of setts that were home to an estimated 30 badgers while completing construction works in Milltimber, Aberdeen. Aberdeen Sheriff Court heard that when Malcolm Allan Housebuilders was war

A bid by West Dunbartonshire Council to overturn the Scottish Government’s approval of 99 homes on greenbelt land in Clydebank has been refused by the UK Supreme Court. Councillors had unanimously opposed the original plans by Barratt Homes for the development at Duntiglennan Fi

Fraser Mitchell has re-joined Shepherd and Wedderburn as a partner in the planning team, bringing to the firm and its clients almost two decades’ planning expertise, with a particular focus on the housebuilding, commercial property and clean energy sectors. Mr Mitchell, who trained at Shepherd

Litigation lawyer Richard McMeeken discusses a recent decision involving a building contractor which has clarified certain aspects of the law of bribery in Scotland. In Oil States Industries (UK) Limited v "S" Limited; Lagan Building Contractors Limited (in administration); John Hansen and Stuart Ir

The Edinburgh Tram Inquiry is set to exceed £13 million in costs. A projection from Transport Scotland indicates that the cost will reach £13,100,812 by the end of this financial year.

A renewables company has failed in its bid to overturn a decision to refuse planning consent for a wind farm in Dumfries and Galloway. NLEI Ltd had sought to develop a wind farm at a site on the Queensberry Estate near Crawfordjohn, Sanquhar and Wanlockhead. The Scottish Ministers refused to gr

Construction contractors may need to deploy greater legal safeguards in order to protect their businesses from being pushed under by spiralling costs, a lawyer has warned. Andrew Boccoli, a director in the Commercial Property department at Scottish legal firm Lindsays, believes extreme market volati

Andrew Diamond, partner and head of residential property at Lindsays, reveals how ‘subject to purchase’ bids hold potential for unlocking opportunities to bring more homes on to market as well as greater buying power. Contract clauses which make home sales subject to the seller buying th

More than £7.3 million worth of repairs are needed across Scotland's court estate — equal to almost the entire £8m capital budget of the Scottish Courts and Tribunals Service (SCTS). The SCTS set out the estimated cost of maintenance work required to fix leaky roofs, ceilings an da

A commercial judge has rejected a proposition by an electricity supplier that a hotel’s case against non-payment of a £168,000 bill accrued over the past five years is irrelevant. SSE Energy Supply Ltd raised the case against Stag Hotel Ltd, the owner of a hotel in Argyll, for monthly in

Keith Kilburn and David Arnott outline how international arbitration can be used in the construction industry. International arbitration is a well-recognised dispute resolution process for construction projects throughout the world. It offers numerous benefits to parties, including the ability

Lindsays has announced the recruitment of five new trainees, including within its commercial property and residential conveyancing teams. The five will start their rotations in a variety of departments across Lindsays’ three city offices. They are:

Peter Smith has joined Shepherd and Wedderburn as a commercial property partner, heading the firm’s real estate team in the Aberdeen office and bringing 19 years’ expertise advising clients in the real estate sector. Mr Smith, who will lead the development of the firm’s real estate

A fatal accident inquiry into the death of an Orkney Islands Council worker has now found the incident was avoidable.