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In this issue: King's Speech 2024 Contract law Litigation Arbitration Procurement in construction Construction industry news Daily and weekly news alerts New and updated content Construction trackers King's Speech 2024 Built environment industry responses to the King’s Speech 2024 Following the King’s Speech on 17 July 2024, a number of built environment industry bodies issued their responses. See: LNB News 18/07/2024 48. Contract law Court of Appeal confirms that preventing a condition from being fulfilled will not assist a debtor (King Crude Carriers v Ridgebury November) In King Crude Carriers SA v Ridgebury November LLC [2024] EWCA Civ 719, the Court of Appeal confirmed that the Mackay v Dick principle, deriving from Lord Watson’s speech in the Scottish case Mackay v Dick & Stevenson, forms part of English law. Under this rule, if payment is conditional and the debtor wrongfully stops the condition being met, the condition is treated as satisfied...

Editor’s note Welcome to the fourth instalment of the Public Law case law quarterly for 2025, spanning the year’s closing quarter. We lead with the Supreme Court’s ruling in X v Lord Advocate, addressing vicarious responsibility for judicial conduct. In a clear ruling, the court concluded that the Crown bears no vicarious liability for alleged harassment said to have been committed by a Scottish sheriff. After reviewing Jwanczuk, Daly and JR87, we also highlight the Supreme Court’s decision in Home Secretary v Kolicaj, which revisited the public law duty of fairness as it operates in citizenship deprivation cases. This issue further surveys developments on equality and human rights, including Sussex Police v XGY, where the Court of Appeal once again confirmed the wide scope of common law advocate immunity in the face of human rights arguments, and ARC, where the Administrative Court found the Leasehold and Freehold Reform Act 2024 to be consistent with landlords’ right to property...

In this issue: Status and worker categories Immigration Recruitment Pay Benefits Pensions Prohibited conduct Public sector equality duty Data protection and employee information Employment Tribunals Civil courts Industrial Relations Law Reports (IRLR)—January 2026 New and updated content Dates for your diary Trackers Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Status and worker categories Ofqual launches consultation on new regulatory framework for apprenticeship assessments Ofqual is inviting views on proposed draft conditions, obligations and statutory guidance to oversee apprenticeship assessments. The package gives effect to the Department for Education’s (DfE) Apprenticeship Assessment Principles, issued earlier this year, intended to streamline and update apprentice assessment. It features nine fresh conditions spanning assessment strategy, adherence to assessment plans, content expectations and standard‑setting arrangements, accompanied by guidance on assessment design, grading and marking methods. This exercise follows and develops Ofqual’s previous review of...

This Practice Note sets out practical guidance on the underlying principles of legal professional privilege as they relate specifically to criminal enquiries and prosecutions in Scotland. It should be read alongside Practice Note: Privilege in Scotland—general principles, which summarises the two main categories of legal professional privilege—legal advice privilege and litigation privilege—and also refers to waiver of privilege and common interest privilege in passing. For further commentary on the approach in England and Wales, see Practice Note: Legal professional privilege in criminal proceedings, for comparison. Legal advice privilege—who falls within definition of ‘lawyer’ in COPFS In Whitehouse v The Lord Advocate, the court considered a claim for damages arising from proceedings brought by the Crown under the Proceeds of Crime Act 2002 (POCA 2002). A restraint order was obtained under POCA 2002, but it was subsequently recalled without any confiscation proceedings being taken...

This is a glossary of common words and expressions used in Scottish insolvency law with the nearest England and Wales insolvency law equivalent (where relevant) Absolute insolvency Meaning: When a person’s liabilities are greater than the overall worth of their assets. Nearest English equivalent: Balance sheet insolvency. Accountant in Bankruptcy (AiB) Meaning: A Scottish Government agency overseeing the regulation of personal bankruptcy (sequestration and Protected Trust Deeds) in Scotland, and able to serve as trustee in sequestrations where no insolvency practitioner is appointed. It also maintains records of corporate insolvencies in Scotland (receivership and liquidations only) but does not perform the role of Official Receiver. See Practice Note: Scotland: the Accountant in Bankruptcy. Nearest English equivalent: N/A. Accountant of Court Meaning: A court-appointed officer within Scottish Courts and Tribunals who administers funds consigned to the Accountant of Court pursuant to a Court of Session interlocutor or during liquidation proceedings. They oversee Judicial Factors or Administrators appointed by the Court to manage estates...

This Practice Note provides an overview of the investigation and prosecution of criminal offences in Scotland Related practice notes you may find useful include: The investigation and prosecution of financial crime in Scotland—outlines the principal law enforcement and prosecutorial bodies engaged in this sphere and considers how they work together and with equivalent organisations operating elsewhere in the UK Prosecution process for health and safety cases in Scotland—offers guidance on investigations into health and safety incidents in Scotland and the procedural steps for prosecuting such offences Comparison of criminal fraud in Scotland with England and Wales—provides guidance on the investigation and prosecution of criminal fraud The system for investigating and prosecuting crime in Scotland is presently governed by the common law and by statute. The Criminal Procedure (Scotland) Act 1995 (CP(S)A 1995) sets out the rules directing how criminal cases progress through the Scottish courts. Under CP(S)A 1995, there are two distinct first‑instance routes for prosecuting crime: solemn procedure and summary...