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GLOSSARY
Any of the following schemes: The Armed Forces Pension Scheme, The British Transport Police Force Superannuation Fund, The Firefighters' Pension Scheme, The Firemen's Pension Scheme (Northern Ireland), The Police Pension Scheme, The Police Service of Northern Ireland Pension Scheme, The Police Service of Northern Ireland Full Time Reserve Pension Scheme. (HMRC)
GLOSSARY
A means of acquiring an easement or Profit à prendre by long use.
PRACTICE NOTES
This Practice Note considers the law of prescription in Scotland as it currently stands. Significant changes were made to the law of prescription by virtue of the Prescription (Scotland) Act 2018 (P(S)A 2018). P(S)A 2018, ss 5 and 13 came into force on 1 June 2022. The remaining provisions came into force on 28 February 2025 (Prescription (Scotland) Act 2018 (Commencement, Saving and Transitional Provisions) Regulations 2022, SSI 2022/78). For guidance on: • the special rules that apply in relation to the prescriptive period for obligations to make reparation/pay damages, see Practice Note: Short negative prescription in Scotland—the prescriptive period for obligations to pay damages • the law of limitation in Scotland, see Practice Note: Limitation of actions in Scotland, which also deals with the differences between limitation and prescription in Scots law • the closest equivalent in England and Wales, see: Limitation—overview which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of the law of limitation in England and Wales Key: • CL(EGP)(S)A
NEWS
Construction analysis: Prescription is a highly complex area of Scots law and recent cases illustrate the challenges that it may present in construction claims. In this article, Mark Boni, advocate at Ampersand Advocates, gives an overview of the law prescription as it applies to construction disputes, drawing from recent case law, and highlights relevant changes made by the Prescription (Scotland) Act 2018.
NEWS
Construction analysis: In Ogilvie Construction v M1 RE Glasgow, the Outer House of the Court of Session held that claims arising from allegedly defective cladding and cavity barrier designs had prescribed under the Prescription and Limitation (Scotland) Act 1973 (PL(S)A 1973), as amended. The five-year period began when economic loss was incurred through implementation of the works, and section 11(3A) did not require awareness that the works were defective or that an actionable claim existed. Remedial works did not constitute a relevant acknowledgement, and general assurances of contractual performance were insufficient to establish induced error. The decision exposes a continuing latent-defects risk in Scotland and underlines the need for early investigation, active contract management and prompt proceedings to preserve claims. Produced in partnership with Michael Conroy, partner at Harper Macleod LLP.
NEWS
The Department of Health and Social Care (DHSC) has published updated guidance for pharmacists. Subjects covered in this guidance include what actions pharmacists should take if they are asked to dispense a prescription from European Economic Area (EEA) countries or Switzerland, the rules regarding supplying prescription-only medicines when requested by the patient in an emergency and details about the prescribing–approved countries and professions list. While the Brexit transition/implementation period ended at 11 pm on 31 December 2020 (IP completion day), the government continues to issue new and updated Brexit webpages and guidance documents on the associated legal and practical changes. Further guidance may be issued post-IP completion day, so stakeholders are advised to monitor these pages for updates.
GLOSSARY
The discounted value of the stream of profits anticipated to be generated over the remaining life of the in-force book of business.
GLOSSARY
A number chosen by a caller to which return calls may be made.
NEWS
Restructuring & Insolvency analysis: This was an application for an injunction to restrain presentation of a winding up petition. The respondent was a company which asserted that it was entitled, pursuant to a term sheet prepared during loan negotiations, to a £350,000 break fee and certain other sums. The applicant’s main argument was that it had a cross-claim in misrepresentation which meant that (1) the term sheet, to the extent that it had contractual force, had been rescinded and (2) there was in any event a damages claim large enough to extinguish the alleged debt. It was held that there was sufficient evidence of misrepresentation to meet the test. The applicant was entitled to an injunction. Written by Nora Wannagat, barrister at Tanfield Chambers.
PRACTICE NOTES
This Practice Note provides guidance on how to present with confidence when you are in the same room as your audience. Presenting information clearly and effectively is a key skill to get your message across and influence people successfully. For guidance on presenting virtually, see Practice Note: Presenting with confidence—virtually. Planning Evaluate your audience’s needs The art of presenting is all about connecting with the audience. Plan with the audience in mind, and before you even begin to put pen to paper: • consider who the audience is, eg: ◦ is there a mixed level of knowledge? ◦ is it a multinational group? • establish your objectives and future actions • anticipate reactions, questions and objections • assess what information you need Focusing time on how to get your message across so it hits home is part of the secret to delivering an interesting and effective presentation. Create a logical structure with three distinct elements The basic formula for structuring a presentation is: • introduction—tell them what you are going to tell them (hypothesis)
PRACTICE NOTES
Most of us will attend, or deliver, remote presentations as part of our role. Presenting a session virtually has much in common with delivering face-to-face, but there are differences that you need to be aware of. For more information on presenting in person, see Practice Note: Presenting with confidence—in person. Why presenting virtually is different from presenting in person When we deliver virtually we are not in the same room as the people we are presenting to. Although this is obvious, it’s something many presenters seem to forget when they are planning their presentation. They still use the same slides and format that they would if they were delivering face-to-face, but a virtual presentation requires a different approach right from the start. Some of the key issues when delivering virtually include: Issue when presenting virtually Description An absolute reliance on technology You have to get to grips with the technology. Lack of control When you are presenting face-to-face, you have a greater degree of control over the environment that everyone is in but when
GLOSSARY
A law which states that you do not forfeit your pension rights just because you leave the employer sometime before retirement.