A recent Court of Session decision makes it clear that a notice will not ordinarily be required for a tenant to be obliged to fulfil their repair and maintenance obligations under a lease.
Every business owner needs to know two important things about their business:
A Pre-Nuptial Agreement is an agreement made by a couple before they enter into a marriage or civil partnership. The Pre-Nuptial Agreements usually ring-fence particular assets that were acquired by the parties prior to the marriage, such as a business or a particular property, and protect those assets against a claim by their spouse in the event of the marriage ending. Pre-Nuptial Agreements can also be used to regulate financial provision on divorce or regulate certain issues during the course of the marriage.
Significant changes in relation to the way that employees take leave following the birth of their child will be effective for babies expected or placed for adoption on or after 5 April 2015.
Litigation is a recognised cost of doing business. All sizes of business will inevitably find themselves involved in disputes. Court is usually a last resort, as it is time consuming, slow and costly. It can also be risky. Effective management of the risk and cost of litigation will assist in minimising the impact of any litigation on the business. Here are some key points to be aware of.
A decision has been made following the principles of Grove Investments Ltd v Cape Building Products Ltd  CSIH 43 and @SIPP (Pension Trustees) Ltd v Insight Travel Services Ltd  CSOH 137 – Mapeley Acquisition Co (3) Limited (In Receivership) v City of Edinburgh Council  CSOH 29. Again, the court found that the landlord’s entitlement to demand payment in lieu of repairs did not entitle the landlord to recover if it had no intention to carry out those repairs.
The insolvency of Scottish Coal Company Ltd (“SCC”) has given rise to two recent Scottish Court of Session cases regarding performance bonds – East Ayrshire Council (“EAC”) v Zurich Plc (24 June 2014) and South Lanarkshire Council (“SLC”) v Coface SA (27 January 2015).
Readers will remember that last year, the CJEU issued a landmark decision that holiday pay must include commission. The matter was then remitted back to the Employment Tribunal in Leicester to determine whether the Working Time Regulations 1998 could be interpreted so as to give effect to EU law.
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