Knowledge


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15 December 2022

General Court on ‘Thin Ice’​ with its ISU Ruling, says Advocate General

Contributor: Gordon Downie

The Advocate General has this morning proposed overturning the 2020 ruling of the EU General Court that the International Skating Union’s rules on third party organised events amounted to a restriction of competition ‘by object’, but has left open the possibility that the rules might ultimately be found to constitute a restriction of competition ‘by effect’.

1 December 2022

Managing the queue – how to deliver faster grid connections

Jessica Sutherland discusses the initiatives developed by National Grid ESO to prevent stalled or slow moving projects from delaying viable projects behind them in the queue.

30 November 2022

Voluntary land registration

Registers of Scotland have announced their ambition to have 100% of the land in Scotland mapped on this new Land Register by 2024. Kirstin Wilson explains the merits of voluntarily registering your property before this date.

28 November 2022

Part 8 claims – When to use Part 8 to challenge an adjudicator’s decision

Contributors:
Iain Drummond, Lindsay Robinson

Iain Drummond and Lindsay Robinson look at the judgment in Breakshore Ltd v Red Key Concepts Ltd [2022] 5 WLUK 677 and consider when it is appropriate to use Part 8 claims to resist enforcement of an adjudicator’s decision.

25 November 2022

Cheers and fears as hospitality sector faces an uncertain festive season

Contributors:
Suzanne Knowles, Fiona McKerrell

In the run-up to what would ordinarily be a business festive season, new data suggests businesses in the hospitality sector are continuing to face challenges including rising energy costs, food price inflation, staff shortages and a drop in consumer confidence.

24 November 2022

Familial loans: A viable solution to get on the property ladder

Contributor: Kristina Jones

In an uncertain time, financial security is becoming increasingly important. As the Scottish property market remains strong, Kristina Jones, Solicitor in our private wealth and tax team, provides an insight to familial loans as a practical way for families to get on the property ladder.

11 November 2022

Court considers complex issue of concurrent delay: Thomas Barnes & Sons Plc v Blackburn with Darwen Borough Council

Contributor: Iain Drummond

In this TCC decision, the Court considered the complex issue of concurrent delay and whether the Council had followed the correct termination procedure under the contract, and whether this termination was effective.

9 November 2022

Is establishing a charitable trust the best way to make a difference?

Contributor: Charlotte Fleming

The recent creation of The Patagonia Purpose Trust and the Holdfast Collective has shone a new light on how charitable trusts can be used for philanthropic causes while also being tax effective. Charlotte Fleming, Senior Solicitor in our private wealth and tax team, explores how charitable trusts work and the benefits they can bring.

24 October 2022

Responding to the promotion of counterfeit goods online

Contributor: Ruairidh Leishman

Ruairidh Leishman, Solicitor in our commercial disputes team, discusses the UKIPO report published in November 2021, which highlighted the role that influencers play in the sale and marketing of counterfeit goods. This article highlights the steps that can be taken by brands against influencers who are infringing their IP rights and who pose a risk to their reputation.

28 September 2022

In conversation with: Dr Kate Cameron

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.

8 September 2022

Onshore wind – daring to be a force of nature

Contributor: John Morrison

John Morrison, Partner in our corporate finance team, reflects on this year’s Onshore Wind Conference. This article focuses on the conference’s key themes of policy, people and projects with some final thoughts on the future potential that onshore wind offers Scotland. 

7 September 2022

How establishing an ESG strategy helps businesses raise finance

Aligning your organisation’s ambitions with environmental, social and governance (ESG) criteria has become imperative. If your organisation is looking to raise finance, it pays to consider your performance against ESG criteria.
In this article, we explore how businesses that implement comprehensive ESG strategies fare better when applying for a bank loan or attracting equity investors.

19 August 2022

Notices of dissatisfaction under NEC – separate challenges needed

Contributor: Iain Drummond

Iain Drummond and Lindsay Robinson consider The Metropolitan Borough Council of Sefton and Allenbuild Limited and the requirement in an NEC notice of dissatisfaction to separate challenges to the adjudicator’s jurisdiction or the substantive merits of the adjudicator’s decision.

19 August 2022

Do you operate short-term lets in Edinburgh or Glasgow?

Contributor: Kevin Clancy

New legislation means it will be a criminal offence to let out properties in Scotland on a short-term basis without holding a licence granted by the local authority. The cities of Edinburgh and Glasgow are currently consulting on their draft licensing policies. Kevin Clancy, Partner in our commercial disputes team, outlines the key points of each draft and how you can have your say.

2 August 2022

First deal blocked under NSIA regime and BEIS’ new guidance

The National Security and Investment Act 2021 (NSIA) came into force on 4 January 2022. In this article, Ashley French, Solicitor in our regulations and markets team, discusses the first NSIA prohibition the UK government has issued and the recent updated Market Guidance published by the Business, Energy, and Industrial Strategy (BEIS). 

1 August 2022

The Data Protection and Digital Information Bill: Data Reform in the UK

Contributor: Joseph Fitzgibbon

On 18 July 2022, the UK government introduced a new Data Protection and Digital Information Bill. In this article, Joseph Fitzgibbon, Associate in our data protection team, discusses six notable changes to the Bill and the implications it will have upon organisations.

27 July 2022

Looking ahead to the inaugural Commonwealth Esports Championships and Commonwealth Esports Forum in Birmingham

Contributor: Joseph Fitzgibbon

In this article, Joseph Fitzgibbon and Roddy Forgie, discuss the upcoming Commonwealth Esports Championships and Commonwealth Esports Forum that will be staged at the International Convention Centre in Birmingham on 6-7 August 2022. 

25 July 2022

The risks of void transactions in insolvency

For any business dealing with a company in financial distress it is important to be alive to the risk that transactions that take place before the company has been wound up can be vulnerable to challenge.

22 July 2022

Health and safety in rural land management

Contributor: Hamish Lean

Agricultural and rural settings present significant health and safety risks. This article outlines several recent prosecutions for health and safety breaches and provides an overview on the steps that landowners/employers can take to manage the risk.

22 July 2022

Wasted management and staff time – evidence needed to recover losses

Contributor: Iain Drummond

Iain Drummond considers the difficulties in recovering losses for wasted management and staff time in Zenith Logistics Services (UK) Ltd and others v Keates and others 

21 July 2022

Asbestos in UK buildings – A 20th century problem requiring a 21st century solution

Asbestos was used extensively in UK commercial and residential buildings in the 20th century. Andrew Winton, Senior Associate in our Workplace Risk and Regulation Group, discusses the major challenges that asbestos poses to UK workplaces and where to seek guidance.

13 July 2022

NSIA Annual Report: first three months of new UK regime

The UK Government is already using the National Security and Investment Act 2021, introduced in January, to significant effect. Ashley French, Solicitor in our regulation and markets team, outlines its impact.

7 July 2022

Revisiting restrictions on high fat, sugar and salt foods in Scotland

Contributor: George Frier

The Scottish Government yesterday published its latest consultation on restricting promotions for high fat, sugar and salt (HFSS) foods. What foods might be affected by HFSS restrictions, such as potential limits on buy one get one free offers, meal deals and other promotions?

5 July 2022

Moveable Transactions (Scotland) Bill: some funding opportunities

Contributor: Hamish Patrick

The Moveable Transactions (Scotland) Bill was recently introduced to the Scottish Parliament. Early adopters of the new regime are likely to include asset financiers, invoice discounters, debt factors, supply chain financiers and asset-based lenders.