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In the case of Arthur Simmers v Green Cat Renewables Limited and Green Cat Contracting Limited[1], the Court of Session has revisited the principle of transferred loss and whether it forms part of Scots law. This principle relates to whether there are situations in which one contracting party may sue their counterparty for losses suffered by a third party, who is not a party to the contract. The Court decided in this case that the pursuer had not pled a relevant transferred loss claim.
With the beginning of a new year, we have prepared a summary of key legal issues likely to affect the construction industry in 2023. Take a look at what is on the horizon for the year ahead with bite size snippets of important changes and influences. The flyer touches on the Building Safety Act gateways, new procurement and data protection bills, carbon targets, greenwashing, aggregate levies and changes to EPC requirements.
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