Knowledge


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16 December 2024

Resolving rural disputes: Encroachment and remedies

Contributor: Elaine Brailsford

Elaine Brailsford, Consultant in our rural disputes team, outlines the remedies available when another party has encroached upon your land or upon your right of access.

16 December 2024

Are we there yet? Developments in port infrastructure

Contributors:
Clare Foster, Jamie Grant

With port infrastructure being key to Scotland’s offshore wind potential, it is vital that it sees strong forward progression. There has been a lot of positive change for the sector over the last year – but is it happening quickly enough? First published in The Business.

16 December 2024

IHT rule changes: Autumn Budget impact on APR and BPR

Contributors:
Douglas Sinclair, Erin Ryan

The recent Autumn Budget announced major changes to Agricultural Property Relief and Business Property Relief. Previously exempt, farms valued at over £1 million will now be subject to an effective Inheritance Tax of 20%.A shortened version of this article was first published in The Business.

5 December 2024

HSE statistics: Work-related injury and ill-health for 2024

Contributor: Kevin Clancy

The Health and Safety Executive has published its annual statistics on work-related ill health and workplace injuries.

4 December 2024

UK visa options for Americans

Contributor: John Vassiliou

Head of our immigration team, John Vassiliou, explains seven ways American citizens can move to the UK.

3 December 2024

Carrots and sticks – improving energy efficiency of non-domestic buildings

Contributors:
Matthew Lamberton, Scott Ritchie, Alannah O’Hara

The Scottish and the UK governments have produced regulations that are intended to improve the energy efficiency of existing buildings in the UK – but the respective administrations have approached the issue in very different ways. Our briefing paper compares the two.

29 November 2024

New rules allow courts in England and Wales to order use of alternative dispute resolution

Contributor: Iain Drummond

Recent changes to the Civil Procedure Rules have sought to promote the use of alternative dispute resolution (ADR). The Rules now empower courts in England and Wales to order parties to engage in ADR under certain circumstances.

28 November 2024

Amendments to the Employment Rights Bill (already!)

Contributor: Andrew Knight

Only weeks after the Employment Rights Bill was published, an amendment paper has been brought forward. This amendment paper will help to clarify and iron out proposals in the original Bill, giving employers and HR teams greater clarity on their obligations.

28 November 2024

Revitalising Scotland’s energy future: Labour’s commitments to streamlined offshore wind development

Contributor: Emma Reid

Much change is needed to progress Scotland’s clean energy targets – here we detail the new Labour government’s commitments thus far. First published in The Herald.

20 November 2024

Enforcement of the Energy Savings and Opportunities Scheme

Contributor: Anna Brenstrum

An outline of qualification under and key requirements of the Energy Savings Opportunities Regulations 2014. 

18 November 2024

Construction contract notice provisions held to be conditions precedent to contractor’s claims for loss and expense

Contributor: Iain Drummond

The Inner House (appeal division) of the Scottish Court of Session held in FES Limited v HFD Construction Group Ltd that a contractor was not entitled to claim for loss and expense as it had not followed the notice provisions under a construction contract.

18 November 2024

The Autumn Budget: How employee share schemes still offer tax benefits in a changing landscape

Contributors:
Rodger Cairns, Gavin Charlton

Despite the changes brought by the recent Autumn Budget to Capital Gains Tax and National Insurance Contributions, employee share schemes continue to offer companies a compelling, cost-effective means of attracting, retaining, and rewarding top talent.

18 November 2024

Energising hospitality: Key points to consider in electricity connections

The electricity network in Great Britain is undergoing extensive transformation. Energy regulation expert Scott Rodger explores some issues for the hospitality industry to consider when looking to connect to the grid.

15 November 2024

“Copycat” brands – how close is too close?

Contributor: John MacKenzie

What is a “copycat” brand, and how can you avoid trade mark infringement and passing off?

13 November 2024

Could fashion be forced to slow down? The French Bill trying to combat fast fashion

Contributor: Carly Duckett

The fast fashion industry has boomed over the last decade. With that growth, however, the scrutiny to which the industry has been subjected has increased significantly. Against that backdrop, Carly Duckett explains the direction of travel in France, one of the first countries considering penalising fast fashion brands.

13 November 2024

Health and safety in the forestry industry

Contributor: Kevin Clancy

Working in the forestry industry carries inherent risks, but there are measures that can be taken to mitigate these and increase safety for workers in the sector.

12 November 2024

Elephants never forget… witnesses, not so much

Contributor: Ben Pilbrow

A look at how the courts approach witness evidence where a witness’s memory has been lost or changed over time and consideration of how scientific research on human memory is making its way into the courts in light of the recent Wirecard case.

11 November 2024

Succession planning now a must post budget

Contributor: Petra Grunenberg

The recent budget, announced on 30 October 2024, brings significant changes to Inheritance Tax (IHT) reliefs that could impact the future of farming businesses. Find out what you need to consider as part of your succession planning.

11 November 2024

A trial of errors: Trial witness statements and their compliance with Practice Direction 57AC

Contributor: Ben Pilbrow

A look at Practice Direction 57AC and where solicitors risk going wrong in light of the recent Fulstow v Francis case. 

11 November 2024

Tree felling permissions and considerations

Contributor: Stephanie Hepburn

In order to fell a tree, there are two key considerations: tree felling permissions and title conditions which prevent tree felling.

7 November 2024

The fine margin for natural justice challenges: Lord Sandison finds no frolicking and enforces the adjudicator’s decision

Contributor: Iain Drummond

The recent Court of Session decision in ATG Services (Scotland) Ltd v Ogilvie Construction Ltd highlights the court’s robust approach to enforcing adjudicators’ decisions.

7 November 2024

Back to buy-in basics

Contributor: Richard Jones

The defined benefit pensions landscape has seen a fundamental shift from deficits to surpluses, leading to record numbers of schemes buying in their liabilities with an insurer. Richard Jones answers all your burning buy-in questions.

7 November 2024

Expectation vs reality: The Autumn Budget’s impact on pensions

Contributor: Thomas Boyle

In the run up to the Autumn Budget, changes to pensions were a focus of speculation for many. This article considers pre-budget predictions and, now that the budget has been announced, summarises the actual changes included. 

7 November 2024

Your guide to English and Scottish banking and finance terms

Contributors:
Fiona Buchanan, Andrew Kinnes, Hamish Patrick

The law of Scotland and England isn’t the same when it comes to finance transactions – we’ve compiled a comparison of key terms and expressions you may come across.