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Kieran Thrall: Court decides notice is a condition precedent for loss and expense claims

BTO solicitor Kieran Thrall and trainee solicitor Kate Ross explain a determination by the Outer House that notification of loss and expense claims is a condition precedent to entitlement and highlight its implications for the construction industry.
United Kingdom Glasgow City Kate Ross Construction Group Limited Construction Group Ltd Kieran Thrall

Supreme Court grants permission to appeal in homeless test case

The Supreme Court has granted permission to appeal for the petitioner and appellant in Glasgow City Council v X, a case that considered the extent of the statutory duty of councils to provide suitable temporary homeless accommodation that meets the assessed needs of homeless households.
Glasgow City United Kingdom Lady Simler House Of The Court Glasgow City Council Supreme Court

Structural engineer not compelled to deliver collateral warranty to building project owner

A commercial judge has held that a structural engineer hired for an Edinburgh building project could not be compelled to execute and deliver a collateral warranty in favour of the landowner over five years after the conclusion of a contract between the engineer and the project’s contractor in
City Of United Kingdom Bayne Stevenson Associates Ltd House Of The Court Allenbuild Ltd Engine Yard Edinburgh Ltd

Structural engineer not compelled to deliver collateral warranty to building project owner after obligation to contractor extinguished by prescription

A commercial judge has held that a structural engineer hired for an Edinburgh building project could not be compelled to execute and deliver a collateral warranty in favour of the landowner over five years after the conclusion of a contract between the engineer and the project’s contractor in
City Of United Kingdom House Of The Court People Developments Bayne Stevenson Associates Ltd Engine Yard Edinburgh Ltd

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Man made tetraplegic after falling from portacabin roof loses occupiers' liability case in Outer House

A lord ordinary has dismissed a personal injury action by an Aberdeen man who fell off the roof of a portacabin and suffered injuries resulting in tetraplegia after finding that his case under occupiers’ liability law was not made out. Pursuer John Davie suffered the injuries after he had gain
United Kingdom John Davie Vinci Energies United Kingdom Holding Ltd House Of The Court Powerteam Electric Services Ltd Session Outer

Proof allowed in action for lost profits arising from alleged property development site poaching

A lord ordinary has ruled that the assignee of a property development company had a sufficiently relevant case for a proof in an action in which he alleged a fellow director had dishonestly acquired a development site for his own company, resulting in the administration of the company they were both
United Kingdom General United Kingdom Graham Fletcher James Watson Portpatrick Holidays Drummond Miller

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