Knowledge


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19 October 2023

VAR’s “Significant Human Error”: Exploring Liverpool’s Legal Options

Following more Video Assistant Referee (VAR) controversy, we examine the legal options for Premier League clubs following VAR errors and consider possible changes to the Premier League’s VAR system.

18 October 2023

Adjudication enforcement – group holding company guarantee averts stay of execution

Contributor: Iain Drummond

Iain Drummond and Bryon Anderson examine a recent Technology and Construction Court decision highlighting the policy of adjudication decisions being enforced summarily.

17 October 2023

In conversation with: Robert Gelb

Welcome to our Q and A series, where we bring together entrepreneurs and leaders in the business community. Each interviewee brings their unique perspective and hands-on experience of the challenges faced when starting and scaling a company.

16 October 2023

Pride and Without Prejudice: A Tale of Unconscious Bias

Contributors:
Iain Drummond, Hayley Russell

Iain Drummond and Hayley Russell, examine the recent Technology and Construction (TCC) decision in AZ v BY [2023] EWHC 2388 (TCC). This case highlights that an adjudicator’s decision may be unenforceable if the adjudicator considers ‘without prejudice’ material which gives rise to a legitimate concern of bias.

13 October 2023

Three top tips for getting buy-out ready

Contributor: Richard Jones

As the number of schemes targeting buy-out increases, it becomes increasingly important for trustees to understand how to get their scheme ready for a transaction. 

13 October 2023

A quick guide to member disputes

Contributor: Thomas Boyle

For the vast majority of pension scheme trustees, disputes aren’t an “if”. They’re a “when.” Schemes need to have a robust process in place for dealing with the issues that result. 

Here is our quick guide to dealing with member disputes.

12 October 2023

Influencers: Copyright Protection for “Lift Selfies”

Contributor: Ruairidh Leishman

The French courts have dismissed a claim by an influencer for alleged copyright infringement of a selfie that the influencer had taken inside a lift.

4 October 2023

In conversation with: John Gordon

Welcome to our Q and A series, where we bring together entrepreneurs and leaders in the business community. Each interviewee brings their unique perspective and hands-on experience of the challenges faced when starting and scaling a company.

2 October 2023

Families and forgeries – codicil to will reduced because wife forged signature

Contributor: Thomas McFarlane

In this article we examine the recent case of Niven v Niven [2023] CSOH 57, in which two siblings sought reduction of a codicil – alleging that their stepmother had forged her late husband’s signature.

29 September 2023

Countryside Unites Against Rural Crime

Contributor: Hamish Lean

This article discusses the impact of criminal activity in the rural world, as outlined in the Rural Crime Report, and offers methods of prevention against such crime.

29 September 2023

The Bunker: jury still out on rugby’s Foul Play Review Officer Process

Contributor: George Bruce

George Bruce examines the use of the “Bunker” in the Rugby World Cup.

27 September 2023

In conversation with: Ross McLennan

Welcome to our Q and A series, where we bring together entrepreneurs and leaders in the business community. Each interviewee brings their unique perspective and hands-on experience of the challenges faced when starting and scaling a company.

27 September 2023

Are the conditions in your commercial property title clear?

Contributor: Siobhan Dunphy

If you own a property, you may be aware of real burdens. Senior Associate Siobhan Dunphy explores real burdens and what can happen when sometimes the terms are ambiguous. 

25 September 2023

Prescriptive Servitudes and Purpose; Ferguson v Gregors and Fowler

Contributor: Ross Simpson

A recent case in the Sheriff Appeal Court clarified the Court’s approach in circumstances in which a burdened proprietor under a prescriptive servitude attempted to restrict the purpose for which that servitude could be exercised.

22 September 2023

Football Club Governance: A case for change in Britain

Contributor: Matt Phillip

The government’s ongoing review of football club governance could see the introduction of an independent regulator. Partner Matt Phillip and Paralegal Fraser Meighan explore what this might mean for the sport. 

19 September 2023

In conversation with: Harry Staples

Welcome to our Q and A series, where we bring together entrepreneurs and leaders in the business community. Each interviewee brings their unique perspective and hands-on experience of the challenges faced when starting and scaling a company.

19 September 2023

In conversation with: Douglas Lawson

Welcome to our Q and A series, where we bring together entrepreneurs and leaders in the business community. Each interviewee brings their unique perspective and hands-on experience of the challenges faced when starting and scaling a company.

19 September 2023

In conversation with: Calum Smeaton

Welcome to our Q and A series, where we bring together entrepreneurs and leaders in the business community. Each interviewee brings their unique perspective and hands-on experience of the challenges faced when starting and scaling a company.

14 September 2023

Liability after death

Contributor: Thomas McFarlane

When can executors distribute the estate of a decreased underwriting member of Lloyd’s of London (a”Name”)? In this article Thomas McFarlane, Associate in Dispute Resolution and Litigation and a member of our expert, cross-departmental Contentious Executries, Trusts and Tax team, examines the recent decision in Hutchison’s Executors, Petitioners and comments on the decision, what is likely to happen next and how we can assist clients in similar situations.

13 September 2023

Can an Attorney act as an Executor in Scotland?

Contributor: Laura Barron

In a recent petition to Aberdeen Sheriff Court, the court has broken new ground by granting a widow’s attorney the power to administer the estate of her late husband on her behalf as Executor. This article examines this welcome decision made despite lack of precedent and highlights the importance of having a Power of Attorney in place.

13 September 2023

The rocky road to remove Executors or Trustees in Scotland

Contributors:
Stephanie Hepburn, Thomas McFarlane

In this article we examine the options available in Scotland for court-ordered-removal of an executor or trustee from office.

8 September 2023

Navigating RAAC: What is it and what are your responsibilities as an employer?

Contributor: Kevin Clancy

With the spotlight being shone on RAAC, Kevin Clancy explains the dangers it can cause and employers’ health and safety obligations

8 September 2023

Securing A Legacy: Estate Planning for Sports Professionals

Contributor: Laura Barron

With a unique set of circumstances, how can athletes and sportspeople confidently navigate the complexities of wealth preservation and ensure lifelong financial security? 

8 September 2023

Short-term lets licensing scheme in Scotland: What are temporary licences and temporary exemptions?

Contributor: Kevin Clancy

The third instalment in our series covering the new short-term letting regulations in Scotland looks at temporary licences and temporary exemptions within the licensing scheme, with additional information on possible lengths, conditions and application processes.