Knowledge


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18 May 2023

Navigating financial insecurities – ten top tips

Contributors:
Suzanne Knowles, Fiona McKerrell

The current economic landscape is presenting challenges for many businesses. Our restructuring and business advisory specialists have provided a list of ten top tips if your business is facing financial distress.

16 May 2023

Unlocking the potential of wind power in Scotland’s crofting counties

Contributor: Stephanie Hepburn

Scotland has an enviable track record in onshore and offshore wind, and the Scottish Government’s commitment to wind power is a strong basis on which to grow our renewable capabilities. Recently there has been an upsurge in the focus of croft and common grazing land as a source of onshore renewable development, but how do we make this happen?

15 May 2023

Owner-managed businesses: how to prepare when disputes arise

Contributor: Gillian Carty

In owner managed businesses the lines between the commercial and the personal can often become blurred. We recognise not only the need to provide owner managers with high quality legal and strategic advice to help resolve disputes but also the importance of ensuring that their mental health gets the priority it deserves.

11 May 2023

UK Private Capital (formerly the BVCA) remodels its investment documents

Contributors:
John Morrison, Christina Sinclair, Stephen Trombala

UK Private Capital (formerly the BVCA) has recently published updated model documents for early-stage capital investments. This article summarises the key changes contained in the updated model documents.

1 May 2023

Administering Clarity: Adjudications, Natural Justice and Insolvency

Contributor: Iain Drummond

Iain Drummond, Partner, and Alejandro Coghill, Trainee Solicitor, in our Construction, Engineering and Infrastructure Disputes team examine the recent Technology and Construction Court (“TCC”) decision in J A Ball Limited (in Administration) v St Philips Homes (Courthaulds) Ltd. This case highlights the circumstances in which an adjudicator’s award breaches natural justice and becomes unenforceable. The case also provides insights into the relationship between adjudication and administration, the provision of security, and the status of damages-based agreements (“DBA”).

28 April 2023

It’s time to harness the winds of change in Scotland

Contributor: Colin Innes

Exploiting the full potential of our offshore wind generation will be critical not just for our net-zero ambitions but also for the UK’s energy security in an increasingly volatile world.

27 April 2023

“Lost legacies” – what happens when charities cannot be found?

Contributor: Stephanie Hepburn

What happens if a charity has been left a legacy in a will, but it no longer exists? Our contentious executries team explores what may happen and provides practical steps to take to avoid this issue arising.

25 April 2023

Summary of the 2023 National Infrastructure Commission Progress Review.

Contributor: Patrick Bell

The National Infrastructure Commission has recently published its latest annual Infrastructure Progress Review. This article summarises the key findings.

25 April 2023

Is varying a title condition to allow a care home to operate from a residential property in the public interest?

Contributor: Stephanie Hepburn

Stephanie Hepburn and Chloe Imrie discuss the factors taken into account by the Lands Tribunal when considering an application to vary title conditions in the recent case of Inspire Scotland CC Ltd v Wilson.

21 April 2023

Home, work, play … and net zero

Contributor: Clare Foster

Ahead of All-Energy 2023, the UK’s largest low carbon energy and decarbonisation event, Clare Foster explores a key focus of the conference: the decarbonisation of cities and places.

19 April 2023

The power of publicity and the Wagatha Christie trade mark

Contributor: Carly Duckett

As a company reportedly associated with Rebekah Vardy trademarks the phrase ‘Wagatha Christie’, Carly Duckett reminds us that you don’t need to be the first person to use a particular name or phrase to successfully register a trade mark.

11 April 2023

CMA signals more flexibility for sustainability agreements – Further thoughts

Contributor: Gordon Downie

Building on our previous article on the subject, we set out some further reflections on some points the CMA might want to consider in making its proposed draft guidance on sustainability agreements more useable.

6 April 2023

Powering Up Britain – UK Government sets out plans for achieving net zero commitments.

A discussion of key points provided in the UK Government’s “Powering Up Britain” Manifesto published on 30 March 2023.

6 April 2023

Prescription and Limitation – A General Comparison North and South of the Border

Contributor: Iain Drummond

In an updated article which compares prescription and limitation in Scotland and England and Wales, Iain Drummond, Partner, and Ryan McCuaig, Solicitor, in our Construction, Engineering and Infrastructure disputes team examine the general position in the relevant jurisdictions.

30 March 2023

The necessary steps: How to validate a delayed transfer of croft tenancies

Contributor: Harry Oliff

What happens if croft tenancies are not transferred by succession within the statutory time limits? It may seem reasonable to assume that such transfers would be invalid. The Scottish Land Court, in a recent decision, contended that transfers completed out with the time limit could be terminated at the Landlord’s discretion. This article will examine the recent case of Pattinson v Matheson and what its ramifications might mean in practice going forward.

21 March 2023

Energise the Scottish economy by repowering wind farms

With less than two months to go until All-Energy 2023, the UK’s largest low carbon energy and full supply chain renewables event, Alex Irwin examines one of the key focuses of this year’s conference: onshore wind.

20 March 2023

CCTV – zooming in on legal compliance

Contributor: Joseph Fitzgibbon

CCTV and other forms of video surveillance are increasingly common in workplaces. These technologies are frequently used to monitor areas such as building entrances, lifts, workstations and factory floors, but as the use of these technologies grows, businesses must continue to ensure that they are being used fairly and lawfully. In this article we explain the steps you should take to ensure your use of video surveillance keeps you on the right side of the United Kingdom’s data protection laws.

20 March 2023

Women’s welfare in the workplace

Contributor: Gillian Moore

Having celebrated International Women’s Day this month, we take a particular look at the additional health-related challenges women and those with female reproductive systems may experience during their working life and pose considerations for employers on how they may best protect their employees’ health and safety in these circumstances. 

17 March 2023

Challenging adjudicator’s decisions and imprecise drafting: Lessons learned from the Court of Session

Contributor: Iain Drummond

Iain Drummond analyses Lord Sandison’s recent opinion in Atalian Servest AMK Limited v BW (Electrical Contractors) Limited. This Outer House of the Court of Session case outlines the difficulty of challenging adjudicator’s decisions and the importance of precise drafting when deviating from standard form contracts.

15 March 2023

Two spring budget migration announcements to tackle labour shortages

Contributor: John Vassiliou

In this article, John Vassiliou, Director in our immigration team provides his Initial thoughts on two spring budget migration announcements aimed at tackling labour shortages, particularly in the construction sector.

15 March 2023

ICO’s Top Tips for Game Designers

Contributor: Joseph Fitzgibbon

The Information Commissioner’s Office (ICO) recently published new guidance to game developers and designers to assist them in complying with the Children’s Code. The guidance, described as “Top tips for game designers”, follows several audits of the gaming industry carried out by the ICO, and is intended to build upon the standards imposed within the Children’s Code.

14 March 2023

When is the nearest relative not the ‘nearest relative’?

Contributor: Thomas McFarlane

In the recent case of Renfrewshire Council, Applicant 2022 S.L.T. (Sh Ct) 250, the court ordered that none of the three feuding sisters should exercise the functions of ‘nearest relative’ during the period of their mother, HS’s, Guardianship Order. This article examines the issues of this particular case and highlights the importance of having a Power of Attorney in place.

14 March 2023

Family investment companies: why pick a FIC?

Contributor: George Frier

Recently, we have received an increasing number of enquiries from higher net worth clients exploring the use of Family Investment Companies (FICs), as a family wealth planning structure. In this article, we explore what FICs are and why they should be considered alongside other wealth protection and transfer strategies such as Trusts.

13 March 2023

No room for legal barriers as demand builds for homes

Contributor: Fraser Mitchell

With Scotland and the rest of the UK continually missing housebuilding targets, Fraser Mitchell, Partner in our Property and Infrastructure team, asks: what are the roadblocks to building?