WardblawG

Month: June 2010 Legal Blogs & News

Take Notice!: Education 4 Ayrshire Ltd v South Ayrshire Council

The relatively recent case of Education 4 Ayrshire Ltd v South Ayrshire Council [2009] CSOH 146, CA37/09, concerns the issue of what happens when a contract clearly provides how and when a notice of delay or claims should be given but the parties do not follow the precise form of the notice provisions.

A good theoretical decision in favour of pacta sunt servanda and adherence to what the parties have agreed strictly, it has to be wondered whether this is the right practical decision given that effectively notice, albeit in a different form, had been given. Certainly, I have seen this decision take effect on elements of a recent multimillion pound NPD project, which may have delayed the deal.

The case serves as an important lesson for contractors, not just those involved in PPP / PFI, to take special notice of notice requirements under contracts.

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Alpha Law: Kill or be Killed!

Written by two US law school professors, it portrays, in no uncertain terms, a rather bleak picture of the landscape of the legal and other top professions…And that was in 2005!

The alpha of any species, by inherent definition, is able to adapt quickly and well to change. It’s now time for lawyers, firms and the profession as a whole to adopt that alpha mentality; for many, it’s time to sink or swim.

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Foreword to the WardblawG: Lawnovation

With firms and professionals across the UK welcoming web 2.0, which includes new online technologies such as blogs, RSS feeds and even Twitter, so comes the inception, and, I’d like to think, conception of Scotslawblog.com, formerly WardblawG.com.

Founded by me, Gavin Ward, a trainee solicitor at a Scottish firm in Edinburgh, qualifying in August 2010, former tutor and published author in the Juridical Review, this shall be a new platform for me and, indeed, my colleagues and peers across Scotland and beyond, to discuss, in an open environment without too much fence-sitting, the most important and relevant legal and commercial updates affecting Scottish businesses and law firms, together with other topics of interest to the legal profession.

I hope this creates as much contribution and success as the effort I ,and my colleagues, put into it!

Gavin Ward, 23 June 2010

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