Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Fenella Mason
The application of standard conditions under framework agreements
The Scottish Court of Session has considered whether standard terms applicable under a framework agreement had been ousted by a “battle of the forms” during placement of orders under the framework. The Court’s decision shows that such standard transactional documentation is unlikely to displace terms otherwise applicable under a framework agreement.
The application of standard conditions under framework agreements
The application of standard conditions under framework agreements 27/09/2024 The Scottish Court of Session has considered whether standard terms applicable under a framework agreement had been ousted by a “battle of the forms” during placement of orders under the framework. The Court’s decision shows that such standard transactional... Read more Authors Fenella Mason Partner Edinburgh
To decide or not to decide: burden of proof findings and subsequent adjudications
A recent decision of the Scottish Court of Session has considered whether the failure to prove a delay damages claim in one adjudication prevented the claimant from renewing the claim in a subsequent adjudication. In finding that the claim could not be re-adjudicated, the Court sought to distinguish a previous TCC decision in England where a failure of proof did not prevent a subsequent adjudication on the same claim.
To decide or not to decide: burden of proof findings and subsequent adjudications
16/04/2024 A recent decision of the Scottish Court of Session has considered whether the failure to prove a delay damages claim in one adjudication prevented the claimant from renewing the claim in a subsequent adjudication. In finding that the claim could not be re-adjudicated... Read more
Is notification of loss and expense under the JCT a condition precedent?
A recent decision of the Scottish Court of Session has considered whether the notification of a claim for loss and expense is a condition precedent under the 2016 edition of the JCT form. The wording of the loss and expense clause in the 2016 edition had changed from the 2011 edition and the Court’s upholding of a condition precedent provides important guidance on the new wording.
Cladding remediation bill published: Scotland's proposals to address cladding concerns
We reported in our recent Law-Now (available here) on the Scottish Government’s anticipated cladding remediation bill. The first draft text of the Bill has now been published and introduces two key mechanisms to approach the risks arising from potentially dangerous cladding: the use of Scottish Building Assessments and a Cladding Assurances Register, and a Responsible Developers Scheme.
Cladding remediation bill published: Scotland's proposals to address cladding concerns
Cladding remediation bill published: Scotland's proposals to address cladding concerns 07/11/2023 We reported in our recent Law-Now (available here) on the Scottish Government’s anticipated cladding remediation bill. The first draft text of the Bill has now been published and introduces two key mechanisms to approach the risks arising from potentially dangerous... Read more Authors Rowena Williams Senior Associate Edinburgh Harriet Munro Partner Edinburgh Fenella Mason Partner Edinburgh
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Fenella
Contact Fenella, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack