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Farming proprietary estoppel claims: A round-up of 2023 cases

We review three farming-related proprietary estoppel cases that resulted in trial before a court in 2023 in order for the parties to achieve a resolution - albeit one imposed by the respective judges.

Scottish contract law - there are differences in the detail

Do you have customers north of the border and if so are any of your contracts subject to Scottish law? If the answer is “yes” to both questions then read on Macduff as there’s one or two risks you might not be aware of.

Friskies Schedules. Now a thing of the Past?

Friskies Schedules were used by Courts at sentencing hearings for over 15 years in Health and Safety cases. They arose from the case of R v. Friskies Pet Care UK Ltd 2000.

The costs of failing to cost budget

In April 2013, new court rules were introduced that imposed an obligation on all parties to court proceedings who are represented by solicitors and who have cases worth in excess of £25,000 commenced after 1 April 2013 to file and serve a costs budget.

The importance of identifying the correct contracting party

Understanding who you are contracting with may seem simple. However, particularly in the case where you are contracting with a company within a larger group the position may become more complicated.

Adjudication and company voluntary arrangements

What happens when a party obtains an adjudicator’s decision in its favour but it is in a company voluntary arrangement (a “CVA”)? Will the courts enforce the decision?

Making money while the sun shines: practical advice to make the most of renewable projects

With the ending of subsidy regimes for solar generation, there has been renewed interest in subsidy-free, large scale solar sites. Because of their size, these sites often straddle boundaries between several different landowners.

Is the dairy contract consultation suffering from survivorship bias?

The government consultation on dairy contracts completed earlier this year failed to take into account the problems faced by those dairy businesses that have gone out of business.

When is a copy will admissible?

The law on the revocation of wills has recently been in the spotlight, with the case of Blyth v Sykes. Here we explore the relatively narrow circumstances in which a copy of a will can be admitted when the original document cannot be located without explanation.

Secret trusts: creating a trust within a will

There is nothing unusual about creating a trust within a will. A common example of this is where a person wishes to place monies in trust until a child reaches suitable maturity to receive those funds.