Latest Briefings

Approval of liquidator’s remuneration: a tale of two reporters

A recent Sheriff Court judgment is the latest decision to consider the role and remit of the court reporter in a liquidation which, unusually, involved the court appointing two reporters. In Scotland, the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 provide that where there is no creditors committee, the remuneration of a liquidator shall […]

Variation to an office lease to allow use as a private members’ club

The Upper Tribunal has allowed a variation to a lease that restricted the use of a property to office use (with minor residential use) so that the tenant could implement a planning permission to convert the property into a private members’ club. Background A user clause in a lease is a restrictive covenant. If the […]

Tax now payable much sooner following a disposal of residential property

From 6 April 2020 significant changes will be made to the deadline for paying capital gains tax (CGT) and filing tax returns in respect of disposals by individuals and trusts of UK residential property. Taxpayers and advisers need to be aware of these changes now. UK property disposals prior to 6 April 2020 Previously, UK […]

Coronavirus job retention scheme: pensions aspects

When considering how to use the coronavirus job retention scheme (CJRS), employers may be wondering what this means for pension contributions and auto-enrolment obligations. This update considers some of the issues. How the CJRS works To access the CJRS an employer will need to designate affected employees as furloughed workers, notify the employees of this […]

Competition law – welcome guidance in a time of crisis

The Competition and Markets Authority (CMA) has published helpful guidance on how it will apply competition law in light of COVID-19. Meanwhile, the government has taken the unprecedented step of relaxing competition law in certain sectors. In the round, these developments offer welcome guidance and comfort – but they also serve as a timely reminder […]


Litigation Personal Injury 14/04/98

Daly v Cambridge Health Authority QBD 26 January 1998 Claimant: Adam Daly, 27 Incident: Road traffic accident Injuries: Claimant suffered severe brain damage when an ambulance collided with his car on the A142 near Witcham, Cambridgeshire, in March 1994. Before accident claimant was fit, with good job prospects. After spending months in a vegetative state […]

Accountancy Survey. Accounting for the accountants

A survey has revealed that accountants are not delivering the services law firms want. The fourth annual survey by The Lawyer and chartered accountancy firm Baker Tilly makes depressing reading for accountants. Despite accountants’ marketing, brochures and stated commitment to client service, many solicitors remain dissatisfied. Quotes such as “they could show basic interest in […]

Management: Scotland. Scottish practice needs fresh approach

Many Scottish firms are in commercial trouble. Their decline can not only be halted, but with some fresh ideas, can be turned around, says Fiona Westwood. Fiona Westwood is a partner at management consultancy Robertson Westwood. Scots are known throughout the world for their inventiveness and commercialism, yet the Scottish legal market is showing all […]

Gardening leave must be in contract

A Court of Appeal ruling made last week means that companies can no longer assume that they can enforce gardening leave if the term is not in their employment contracts. Steve Tucker, a bookmaker, resigned from William Hill to go to a rival company, but was told he had to stay at home during his […]

Making the SIF figures add up

THE LAW Society and the Solicitors Indemnity Fund (SIF) have reacted furiously to last week’s claim by The Lawyer that a table attached to the society’s indemnity insurance consultation paper is flawed. Most firms on the table would do better sticking with SIF rather than insuring on the open market. We believe the figures are […]

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