No. Terms of contract relied on Nature and basis of claim Claimant’s case Defendant’s response Judge’s comments 1 N/A Damages claim for misrepresentation, at common law and/or under the Misrepresentation Act 1967, s 2 The Claimant was induced to enter the contract as a result of the Defendant’s representation that all land required for the project had been acquired and former local residents were happy with the project. See Schedule X.This was a fraudulent misrepresentation, the statement was false and the Defendant was fully aware of this. Alternatively, this was a negligent misrepresentation, the Defendant had no reasonable grounds to believe the representation was true. At the time of the Contract, several local residents were not willing to sell their land and local residents staged protests inside the Site throughout the works, preventing work in protest locations. See Mr X’s witness statement.As a result of these protests the Claimant has suffered loss in the sum of £X as a result of: (a) repairing fences damaged by local residents to gain entry to the site; (b) purchase of additional

No. Defect Term of contract Breached Remedial cost Defendant’s response Judge’s comments 1 Serious corrosion appearing to steel frame

No. Event relied on Delay experienced Delay Defendant’s response Judge’s comments 1 Lack

Variations may also cause delays to the completion date and potentially entitle the Claimant to an extension of time and prolongation costs—these aspects relating to variation claims are often dealt with separately as part of the extension of time claim and the prolongation costs claim. For example, the major forms of JCT contract contain separate mechanisms for the valuation of varied works on one hand, and the assessment of loss and expense resulting from the impact of the variation on the progress of the works on the other (see Practice Note: JCT contracts—variations — Valuing variations under JCT contracts). Claimants should therefore take care not to ‘double dip’ between the different aspects of the claims. No. Description of Variation Claimant’s case Defendant’s response Judge/Tribunal comments 1 The Claimant planned to use slab foundations for block A as shown in the Claimant’s drawing reference XX dated XX.The Defendant, by its email dated XX, instructed the Claimant

The Scottish Affairs Committee (SAC) has launched an inquiry into the financing of the Scottish Government within the UK framework. The investigation will scrutinise the efficacy of the Barnett formula, which determines funding changes for devolved public services, and examine the wider fiscal framework. Key areas of focus include potential reforms to the Barnett formula, the impact of UK Government fiscal events on Scottish funding, and the effectiveness of Block Grant Adjustments. The inquiry will also explore the possibility of expanding Scottish Government borrowing powers and assess the level of coordination between UK and Scottish Governments regarding fiscal changes. The Committee has invited written submissions addressing these issues by 5th January, with the aim of evaluating and potentially improving Scotland's current funding arrangements and fiscal devolution model.

What is the Scottish Aggregates Tax? The Aggregates Tax and Devolved Taxes Administration (Scotland) Act 2024 (ATDTA(S)A 2024) brings into force the Scottish Aggregates Tax (SAT) in Scotland from 1 April 2026 replacing the UK Aggregates Levy (UKAL) for the taxation of aggregate in Scotland. Until that date, the UKAL continued to apply in Scotland. Similar to the UKAL, the SAT is an environmental tax. It is administered by Revenue Scotland on the commercial exploitation of aggregates in Scotland. The Scotland Act 2016 provided the Scottish Parliament with the power to introduce a devolved replacement for the UKAL. The SAT has been designed as a replacement for the UKAL in Scotland with the explicit aim of minimizing complexity and preventing businesses which had not previously been within scope of Aggregates Levy from becoming liable to the tax. The SAT also ensures that double taxation is avoided on aggregate which has been supplied cross-border by middlemen in a supply chain, such as builders merchants, by ensuring that the aggregate which

The Scottish Arbitration Centre has appointed Rebecca Wyke, Associate at Howard Kennedy, as its Deputy Registrar to support the work of Registrar Duncan Bagshaw and the Centre’s Court. The announcement was made on 26 June 2025 during the Centre’s Arbitration Training Day in Edinburgh. Wyke, who hails from Edinburgh and advises on international commercial disputes, will support the Centre on a secondment basis.

Scotland have introduced the Judicial Factors Bill on 5 December 2023. This bill aims to 'modernise the law' and provide clarity on the role of the judicial factor, which has been in use since the 17th century in Scotland with no new laws since 1889. 'A judicial factor is a person appointed by the court to manage property. A judicial factor can be appointed in cases where property is not being managed properly'.

The Crown Office & Procurator Fiscal Service (COPFS) has published a statement made by the Lord Advocate, Dorothy Bain QC to the Scottish Parliament on Diversion from Prosecution. The statement covered the decision to extend the Recorded Police Warning (RPW) Guidelines. The Lord Advocate also provided information on the prosecutorial and diversion processes, emphasising diversion is an alternative in which the case can be referred to social work or other agency to address the underlying causes of the offence to prevent reoffending.

Scottish Care recently published their Immigration Survey Findings which sought to understand the anticipated impact of ending the recruitment of international care workers. The survey, carried out between 15th and 19th May 2025 across 225 social care organisations in Scotland underscored the sector's vital reliance on international workers. The findings reveal that these organisations employ at least 11,294 international staff, constituting an average of 32% of their workforce, with some organisations reporting that international staff make up over 90% of their employees. Significantly, nearly 7,000 international workers are currently employed on visas. When queried about the potential termination of international recruitment, providers expressed profound concern, citing the severe difficulties in attracting local staff and the likelihood of a critical staffing shortage that would compromise safe staffing levels and the quality of care provided to vulnerable individuals. Additionally, providers indicated that reliance on costly agency staff to mitigate vacancies could strain finances and potentially precipitate service closures, particularly in remote areas, instigating a systemic crisis in the social care sector.

The Scottish Charity Regulator is seeking views on new rules that will automatically disqualify someone from undertaking certain functions within a charity. The Charities (Regulation and Administration) (Scotland) Act 2023 will extend the range of criteria that result in automatic disqualification, and these rules will also apply to people undertaking senior management functions, not just trustees. The changes are expected to be introduced in mid-2025. Responses to a survey are sought by 1 October 2024.

The Scottish Courts and Tribunals Service (SCTS) has announced that ordinary action case tracking for Sheriff Court and All-Scotland Sheriff Personal Injury Court cases will be available on the Civil Online service. Solicitors will be able to track all documents submitted to the court, view interlocutors, access the timetable issued in personal injury actions, see what number of process has been allocated to documents, and download copies of the documents from the case tracker. The SCTS invites users to attend its sessions, with virtual demonstrations, on the changes.