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The Scottish Government has today announced that its Help to Buy Scheme, which was due to end in March 2021, will be extended to March 2022 to reflect the fact that homebuyers have not been able to make use of the scheme during the Covid 19 pandemic.

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COVID-19 has affected every sector of business, not least the construction sector. The delay and then recommencement of construction projects is fraught with difficulties and we know this is going to give rise to serious differences between Employer and Contractor (and Contractor/Sub-Contractor), not least of which being disputed applications for extensions of time, loss and expense or potentially claims for liquidated damages.

Do you know who inherits your estate if you don’t have a Will? 

Many people don’t know the answer to this question.  A common misconception is that a surviving spouse or civil partner would inherit everything.  Currently, this is not necessarily the case.

In 2015, the Scottish Government conducted a Consultation into the law that applies when someone dies “intestate” (ie. without a Will).  Following this, the Scottish Government acknowledged the law in this area needs updating, since the “make-up of families in Scotland is vastly different today than it was when these laws were passed”. 

Throughout June our Restructuring and Insolvency Team are looking at the potential impact of the Corporate Insolvency and Governance Bill.  This article kicks off examination of the provisions that have been tabled in respect of termination clauses in supply contracts. Update: Since the Bill became law on 26 June 2020 the exclusion for small suppliers has been extended to 30 September 2020

We will be issuing further guidance in due course on the practical issues these provisions entail specifically for suppliers, for companies/directors, and for insolvency practitioners.

Introduction/Background

The majority of commercial leases in Scotland incorporate provisions entitling the Landlord to terminate a Lease in the case of Tenant breach.  Irritancy clauses, as they are known, entitle a Landlord to take steps to regain possession and reclaim rent and other monetary arrears including interest within a relatively short period of time. 

The UK Government introduced the Corporate Insolvency and Governance Bill on 20 May 2020 with the reading of the Bill taking place in the House of Commons this Wednesday 3 June 2020. Some of the measures being introduced are temporary and designed to help companies in the short term which are facing ongoing financial pressures as a result of the ongoing COVID-19 pandemic, however many of the other changes represent a more permanent and fundamental change to insolvency law in the UK.

Directors during Covid-19 : Risk? Yes ... but how much risk?

Dispute Resolution partner, Robert McDiarmid, is featured in the May/June 2020 edition of the Business Bulletin - published by Aberdeen and Grampian Chamber of Commerce.  

Our Residential Property Team has been working remotely throughout the Covid-19 pandemic, but with some restrictions starting to be eased in England and the Scottish Government setting out its plans to do likewise when the time is deemed to be right, we are looking to the future.

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