Knowledge


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29 November 2023

HSE’s approach to asbestos in schools following closures due to RAAC

Contributor: Kirsty MacCorquodale

In September, the Health and Safety Executive announced that it will be carrying out inspections in schools from October onwards relating to asbestos materials following recent concerns surrounding RAAC.

28 November 2023

Subsidy Control Act 2022 – potential impacts of the first challenge

A look back at the first decision of the Competition Appeal Tribunal under the Subsidy Control Act 2022, with eyes forward to its impacts and potential appeal.

28 November 2023

Rising visa costs and increasing salary thresholds

Contributor: John Vassiliou

Get your skilled workers in now if you can. Skilled Worker visa costs are increasing (again) in January 2024.

The Government already increased Skilled Worker visa application fees by around 15% on 4 October 2023, and there is more to come. 

24 November 2023

The onshore wind sector deal for Scotland: near-term aims to hit 2030

The onshore wind sector deal for Scotland sets out a number of commitments in order to meet Scotland’s 2030 onshore wind ambitions. This article provides a high-level summary of the deal, with a focus on the key near-term milestones you should be aware of. 

23 November 2023

Stormy days in the rural sector

Contributor: Petra Grunenberg

For those of us working in the agricultural and rural sector, it’s clear this has not been an easy year.

 

First published in: The Courier, Farm Focused supplement 

22 November 2023

Out with the old, in with the… old: reforming the corporate director regime

In this article, Robbie Callander outlines the current law on corporate directors and explains the reforms which are soon expected to be brought into force.

21 November 2023

Transforming public procurement – The Procurement Act 2023

Contributors:
Euan Murray, Colin Bathgate

The Procurement Act, aimed at reforming the way public bodies procure suppliers, now has Royal Assent. This comes alongside an update to relevant thresholds.

17 November 2023

Zombies to use it or lose it – Implementing electricity connection reform

Contributor: Jamie McRorie

Ofgem’s CMP 376 decision addressing the electricity connections queue has practical implications for all existing and new agreements.

16 November 2023

Paying a Lidl more attention to the final date for payment

Contributor: Iain Drummond

The result of the Lidl v Closed Circuit Cooling case hinges on the validity of payment terms in a construction contract.

15 November 2023

A Founder’s Guide to B Corp Certification

Contributor: Jonathan Andrews

With ESG firmly on the radar, many founders embarking on their entrepreneurial journey approach us to discuss B Corp certification.

13 November 2023

“Willie’s Law” – testing times for capacity in Scotland?

Contributors:
Stephanie Hepburn, Thomas McFarlane

Thomas McFarlane and Stephanie Hepburn examine the ramifications of ‘Willie’s Law’ in regard to legal capacity

13 November 2023

The next steps in land reform: Agriculture and climate change

Contributor: Fiona Taylor

The upcoming Agricultural and Rural Communities (Scotland) Bill brings with it new changes and potential impacts on the rural, crofting, and farming community.

10 November 2023

Offshore Operations & Maintenance facilities in ports – Key development issues

Contributor: Jamie Grant

Ensuring the right infrastructure is in place to support major renewable projects like offshore wind farms is vital to the energy transition. This guide highlights key issues ports and developers must take account of when agreeing contractual terms for Operations & Maintenance facilities.

9 November 2023

The private residential letting bubble: an unintended consequence

Contributor: Peter Smith

Has the attempt to regulate private residential letting worsened the problems it sought to solve? Peter Smith shares his thoughts.

8 November 2023

Are you ever too young to need a Power of Attorney? Your questions answered.

Contributor: Lauren Finlay

In this article, Lauren Finlay and Madeleine Gill provide an overview of a Power of Attorney document and why it is important to have it in place now, rather than later.

8 November 2023

Commercial Court opens door to enforceability for litigation funders after PACCAR

Contributor: Philip Sewell

In a recent case, the Supreme Court decided that Litigation Funding Agreements are Damages-Based Agreements. This article explores the consequences of this decision.   

3 November 2023

Toney, Toffolo and Tonali – Interpretation and Application of the FA Betting Rules

Contributor: Jonathan Andrews

In this article, Jonathan Andrews provides an overview of FA betting rules on the back of the Toney, Toffolo and Tonali decisions, which have raised questions over how the FA determines sanctions in respect of betting breaches. 

2 November 2023

Easy Life v easyGroup trademark dispute

Contributor: John MacKenzie

easyGroup brought legal proceedings against band Easy Life over what they perceive to be an infringement on their intellectual property.

2 November 2023

Logan v Irons: the doctrine of confusion and knowing your servitude rights

Contributor: Ross Simpson

In this article we examine the recent case of Logan v Irons [2023] SAC (Civ) 9 in which the Sheriff Appeal Court set precedent over two central issues (1) that servitudes become completely extinguished by confusion when two properties come into joint ownership and (2) as servitudes do not revive when two titles separate, a servitude was created by implied grant years later when the property was disponed by a heritable creditor.

1 November 2023

Developers’ casting vote as good as gold

Contributor: Gillian Wood

Many property developers set up an over-riding vote in their favour within the documentation that regulates management and maintenance of the common parts of a development, to retain flexibility during the development process. A recent Lands Tribunal case considered the competence of such a right of veto. 

31 October 2023

Moveable transactions – Scotland v England: Round 1 – assigning receivables

Contributors:
Andrew Kinnes, Hamish Patrick

Scottish moveable transactions law is currently outdated and much less useful in practice than the law in England and Wales. The Moveable Transactions (Scotland) Act 2023 will bring Scots law up to date when it comes into force and will arguably move it ahead of the law south of the border. This article, first published in the October issue of the Butterworths Journal of International Banking and Financial Law, tests whether or not that is the case when assigning receivables.

 

26 October 2023

Tacit relocation – a quick guide

Contributor: Hannah Swinton

Did you know that in Scotland commercial leases generally do not end automatically on expiry of the contractual term? Further beware that for leases on sites larger than two acres, different rules apply.

20 October 2023

Checking the Score on Pregnancy and Parental Rights in Sport

Contributor: Carly Duckett

The sports industry has long considered how to approach maternity leave and parental rights. Associate Harriet McRae and Senior Solicitor Carly Duckett explore recent policy updates. 

20 October 2023

Tacit relocation – will my lease ever end?

Contributor: Hannah Swinton

An exploration of tacit relocation and its current meaning, application, and possible reform under Scots law.