Knowledge


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18 August 2021

The green road to electric vehicles – is it time for fewer carrots and more sticks?

Contributor: Susan Swan

The Scottish Government has committed to ensuring that the economic recovery from Covid-19 is a green one. This green recovery will contribute to Scotland’s legally binding targets of a 75% reduction in all greenhouse gases compared with 1990 by 2030 and net zero emissions by 2045.

3 August 2021

Clauses for concern: Supreme Court ruling on liquidated damages

Contributor: Iain Drummond

Liquidated damages clauses are common in construction contracts and typically apply where the contractor fails to complete works by specified dates due to reasons for which the contractor is culpable. They are generally calculated according to the period between the specified dates and actual completion. But what happens if the contractor does not reach completion? 

26 July 2021

Do landlords have an obligation to provide their tenants with a water supply?

In the recent case of Granton Central Developments Ltd v Len Lothian Ltd, the Appeal Court confirmed that a landlord was not obliged to provide a tenant with a supply of water to the leased premises.

22 July 2021

Compensation for infringement of intellectual property rights

Contributor: Ruairidh Leishman

What compensation are you entitled to following infringement of intellectual property rights? Ruairidh Leishman, a solicitor in our commercial disputes team, explains in this insightful article.

19 July 2021

Challenging and contesting a Will

Contributor: Stephanie Hepburn

This practical guide sets out the main grounds of challenging or contesting a Will in Scotland, as well as in England and Wales, where the law differs.

15 July 2021

Will replacing generating equipment at my FiT installation affect its accreditation?

Contributor: Susan Swan

If you are the owner of an ageing wind, hydro or solar installation that receives Feed in Tariffs, you may be considering replacing part or all of the generating equipment to upgrade your installation – will this affect your accreditation?

12 July 2021

Low-carbon heating and the Heat Networks (Scotland) Act

Contributor: Judith Stephenson

District heating and heat networks can play a crucial role in reducing carbon emissions. How will the Scottish Government’s Heat Networks (Scotland) Act 2021 contribute to this?

8 July 2021

UK Government sets out its strategic approach to CPTPP accession and call for evidence reopened

Contributor: Alison Rochester

This article briefly considers the UK’s proposed accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the possible benefits this could bring and the issues that might shape discussion in the coming weeks.

2 July 2021

How to prove your case in a commercial dispute

Contributor: Iain Drummond

In civil disputes a claim generally must be proven ‘on the balance of probabilities’ if it is to be successful. Our dispute specialists outline how to achieve this using written and oral evidence from witnesses and experts.

29 June 2021

A practical guide to defective product compensation claims under the Consumer Protection Act

Contributor: Philip Sewell

This practical guide provides consumers and manufacturers with an overview of the Consumer Protection Act, which allows consumers to claim compensation if a defective product has caused injury, death or damage to property.

28 June 2021

What the law says about ‘copycat’ brands

From caterpillar cakes and “anti-establishment” IPA beer to gin, the issue of “copycat” own brands has been thrown into the spotlight by a series of recent court actions involving some of the country’s best-known food and drink producers and discount supermarket chains.
So what does the law say about “copycat” own brand products and where does this leave consumers who may unwittingly buy them believing them to be the genuine article?

3 June 2021

Ending a lease in the absence of formal notice: tacit relocation revisited

Parties to a lease must communicate their clear intention to end a lease on the expiry date to avoid the operation of tacit relocation. However, a recent Court of Session decision shows that less formal indicators than serving notice to quit will, in some cases, suffice.

1 June 2021

Challenges to adjudicators’ jurisdiction: multiple disputes across multiple contracts

In a recent construction dispute, the Technology and Construction Court considered whether an adjudicator lacked jurisdiction where a referral concerned disputes under two separate contracts.

1 June 2021

Challenges to adjudicators’ jurisdiction: serial adjudications

In a dispute between a contractor and subcontractor, the Technology and Construction Court faced a ‘novel’ argument that the absence of jurisdiction in relation to one adjudication rendered a decision in a subsequent adjudication a nullity. 

31 May 2021

Adjudication: lame submissions, indemnity costs and set-off

Contributor: Iain Drummond

The Technology and Construction Court considered setting off liquidated damages and awarding indemnity costs following adjudication in two recent related cases.

25 May 2021

Scottish appeal court provides guidance on renewal of agreements under the Electronic Communications Code

The Inner House of the Court of Session has provided much-needed guidance on the renewal of existing agreements between mobile network operators and site providers under the Electronic Communications Code.

19 May 2021

Athlete eligibility and selection disputes in sports law

Contributor: Matt Phillip

What criteria must athletes born overseas meet to represent their resident country? How are athletes selected, and how can they dispute selections? 

4 May 2021

How to preserve dissatisfaction with an adjudication outcome

Contributor: Iain Drummond

A recent dispute arising from the construction of a bus interchange highlights the importance of being aware of contractual requirements regarding notifications, as failure to adhere to these may have significant consequences. 

30 April 2021

Doping violations in the UK: convictions, appeals and consequences

Contributor: Matt Phillip

What is the appeals process for athletes who have been convicted of a doping violation by UK Anti-Doping, and what sanctions might they face? 

27 April 2021

Sports law: the history and development of anti-doping rules

Contributor: Matt Phillip

One of the greatest challenges sporting regulators face is developing and implementing a regulatory regime that can respond to the pace of scientific, technological and pharmacological advances. How have anti-doping regulations progressed over time?

27 April 2021

Technology and Construction Court overturns adjudicator’s decision on grounds of a breach of natural justice

Contributor: Iain Drummond

In a recent case, the Technology and Construction Court overturned an adjudicator’s decision based on a breach of natural justice due to the adjudicator incorrectly limiting the scope of his jurisdiction.

8 April 2021

How COVID-19 has led to more sustainable legal practices

The pandemic has highlighted excellent opportunities to make a positive environmental impact by adopting more sustainable work practices, writes Jamila Archibald, a solicitor in our property and infrastructure disputes team.

2 March 2021

Administration appointments: What do you need to think about?

Contributors:
Fiona McKerrell, Suzanne Knowles

When a borrower is in default and a lender is considering relying on its floating charge to appoint administrators to the borrower, there are a number of factors to consider. In this article, we look at some of the key considerations and some recent cases that highlight potential pitfalls in the appointment process.

8 February 2021

How COVID-19 may affect the approaching electric car era

From charging infrastructure to recycling car parts, how will the pandemic affect Boris Johnson’s widely publicised electric vehicle revolution?