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Afan Valley Ltd v Lupton Fawcett LLP in the Light of Manchester, Stanford and SAAMCO The Court of Appeal’s decision on 5 January 2026 in Afan Valley Ltd v Lupton Fawcett LLP [2026] EWCA Civ 2 is a major reaffirmation of conventional principles governing loss and scope of duty in professional negligence claims.  While under the law of England and Wales, it may well provide further guidance for Defenders in Scotland where Pursuers seek to recharacterise commercial failure, fraud, or regulatory exposure as recoverable loss flowing from negligent advice. In particular, Afan Valley demonstrates how the modern scope‑of‑duty framework stated …

Companies in the STEM sector routinely receive investment to super charge growth. The financial investment can trigger a change in company dynamic and a founder’s greatest fear can be dilution or being marginalised. The English Courts recently considered Ndungu v SPG Limited which was a hard-fought shareholder dispute in respect of SPG Limited, the holding company for the global online gaming business trading under the brand name “SportPesa”. It comprised a consolidated claim by Mr Ndungu for compensation under section 563 of the Companies Act 2006 in respect of his dilution as a shareholder in SPG and a petition by …

Readers of our blogs will be well aware of the trials and tribulations of what ultimately became the Data (Use and Access) Act 2025 and which passed into law in June of last year. The origins of the Act date from the time of Brexit and it was originally intended as a piece of legislation to overhaul data protection law in the post-EU world. Certainly, the Act does reform may areas of data protection law (although not to the extent first anticipated) but one of the most controversial areas of the Act proved to be the use and protection of …

A recent Court of Appeal decision makes one thing clear for employers: calling someone a “volunteer” will not necessarily determine their legal status. In Maritime & Coastguard Agency v Groom, the Court of Appeal held that a Coastal Rescue Officer described as a volunteer was, in fact, a worker during periods when he undertook activities for which payment was available. Background Facts Mr Groom carried out his duties as a Coastal Rescue Officer under a volunteer framework applied across the country. Although the Maritime and Coastguard Agency maintained that he was a volunteer, the handbook and ancillary documents making up …

The Scottish Parliament’s long-awaited Housing (Cladding Remediation) (Scotland) Act 2024 came into force just over a year ago (6 January 2025) following the Grenfell tragedy just over six years ago. The purpose of the Act is to address fire safety risks from cladding, particularly for homeowners or leaseholders who should not (or are not able to) bear the cost of remediation. Scope and Retrospective Effect The Act applies to buildings: constructed or redeveloped between 1 June 1992 and 1 June 2022; containing at least one residential flat; over 11 metres high; and having an external cladding system It is important …

In Scotland, arbitration is one of several Alternative Dispute Resolution (ADR) options available alongside mediation and collaboration. Arbitration is a process in which the parties agree to appoint an independent, suitably qualified third-party, known as an arbitrator, to decide the dispute for them. The arbitrator’s decision carries the same weight as a court order and is enforceable. When might Arbitration be appropriate in a family law context?  Unfortunately, there are some disputes where matters cannot be resolved through negotiation or where mediation may be deemed unsuitable. In these cases, the usual course of action would be to raise a court …

With the Employment Rights Bill now enacted as the Employment Rights Act 2025, employers across the UK are preparing for one of the most significant periods of employment law reform in decades. To help organisations understand and prepare for the changes, leading law firm BTO Solicitors LLP is hosting a free webinar and live Q&A, “Update on the Employment Rights Bill”, on Wednesday 11 February 2026. The webinar will be delivered by BTO’s Employment Law team and will provide a practical, employer-focused overview of the key reforms introduced by the Employment Rights Act 2025, many of which are expected to …

The UK Government has announced significant proposals that may affect long-term residence and tax planning for internationally mobile individuals and private clients. No replacement for investor visa The 2025 Budget did not introduce a new visa route to replace the closed Tier 1 (Investor) visa. Instead, existing pathways have been enhanced, including the Global Talent, Innovator Founder, and High Potential Individual routes, aimed at attracting skilled professionals and entrepreneurs. Consultation on “Earned Settlement” A consultation published on 20 November proposes increasing the standard residence requirement for settlement (Indefinite Leave to Remain/ILR) from five years to ten years, with certain cases …