In FES Limited v HFD Construction Group Limited [2024] CSOH 20, the Outer House considered a “short question of contractual construction” which will be of interest to those in construction industry (and potentially beyond). The question was whether a contractual notice was a condition precedent to the contractor’s entitlement to loss and expense under the SBCC Standard Building Contract with Quantities for use in Scotland (2016). That is important as failure to comply with a ‘condition precedent’ precludes the relevant relief whereas failure to comply with a lesser contractual mechanism – although a breach of contract – does not necessarily have the same consequences.
Last month, the European Parliament adopted the Artificial Intelligence Act, making it the first comprehensive law regulating the use of AI, but with the UK seeking to take a significantly different approach to regulation, who has got it right?
The Taxation of Judicial Expenses Rules 2019 allow for a party to seek an additional charge, normally in the form of a percentage uplift to their Account of Expenses. This percentage is only applied to solicitor fees and not outlays. Prior to April 2019, the additional charge was known as an additional fee.
At the end of January 2024, the Intellectual Property Enterprise Court (“IPEC”) delivered its judgment in the action raised by Thatchers Cider Company Limited (“Thatchers”) against Aldi Stores, finding that Aldi had not infringed Thatchers’ trade mark in relation to its cloudy lemon drink and also that it had not passed off its product.
The UK’s Information Commissioner’s Office (ICO) issued an enforcement notice and warning to the UK Home Office this week for breach of data protection rules. It provides a helpful reminder to all organisations in the UK handling personal data, from UK government institutions right down to small businesses.
