In March 2014, Scotland Excel, a body formed by agreement between all 32 local authorities in Scotland, advertised a procurement exercise in relation to the supply of street lighting materials. Street Lighting Supplies & Co was unsuccessful in its tender for the supply of steel and aluminium lighting columns. It raised an action arguing that Scotland Excel had breached its duties under the Public Contracts (Scotland) Regulations 2012. The raising of the action prevented Scotland Excel from concluding contracts with the successful tenderers. The defenders sought an interim order from the Court in order to remove this prohibition.
You may recall our e-update earlier this year on the case of T Clarke (Scotland) Limited v. Mmaxx Underfloor Heating Limited. T Clarke subcontracted Mmaxx in the redevelopment of a school. The relationship between the parties became fraught and nine adjudications were commenced under the contract, eight by Mmaxx. T Clarke unsuccessfully applied to the Court of Session for an interim interdict to be granted to prevent the commencement of any further adjudications by Mmaxx.
The final instalment of our series of updates on the (now passed) Courts Reform (Scotland) Bill has finally arrived. This update will consider the new procedures for appeals to the Inner House of the Court of Session and to the Supreme Court.
In October, the Government’s Communications Electronic Security Group published new guidance for employers who permit their employees to use their own laptops, smart phones and tablets for work, otherwise known as Bring Your Own Device (“BYOD”).
The Intellectual Property Act 2014 (“Act”), which came into force recently, introduces a number of reforms in the area of designs and patents, examples of which are listed below.
Part three of our series of e-updates on court reform addresses the establishment of a new Sheriff Appeal Court.
At present appeals from the Sheriff Court in civil cases can be made either to the Sheriff Principal or direct to the Inner House of the Court of Session. The choice is largely down to the parties. The Bill sets up a new Sheriff Appeal Court which is intended to hear the vast majority of appeals from Sheriff Courts.
Currently, cases for values up to £3,000 must be raised under the Small Claims procedure, and cases for values between £3,001 and £5,000 must be raised under the Summary Cause procedure. The Courts Reform (Scotland) Bill replaces these two procedures with one ‘Simple Procedure’ for all cases for values up to £5,000.
This week we will be publishing an update each day covering a different reform contained in the (now passed) Courts Reform (Scotland) Bill. This update will cover the increase in the privative jurisdiction of the Sheriff Courts.