Knowledge


Select your criteria then click the filter button.

Select your criteria then click the filter button.

Select your criteria then click the filter button.

Select your criteria then click the filter button.


24 June 2020

Nuisance and the importance of evidence

Contributor: Elaine Brailsford

The Scottish courts have recently considered a complaint made by an individual about odours emitted from a nearby waste water treatment plant. This article discusses the court’s view on the evidential burden on those complaining of ‘nuisance’, and the evidence required in support of the complaint.

22 June 2020

COVID-19: Electronic signing of finance documents in Scotland

Contributor: Neil Campbell

What finance documents can be electronically signed under Scots law? We take a look at the key considerations for lenders and borrowers.

16 June 2020

The TCC considers crystallisation of a dispute arising from an extension of time claim

Contributor: Iain Drummond

In the recent case of MW High Tech Projects UK Ltd v Balfour Beatty Kilpatrick Ltd the Technology and Construction Court (“TCC”) reinforced the principles relevant when deciding whether or not a dispute had crystallised.

5 June 2020

Scottish Courts refuse an application seeking to correct or clarify arbitrator’s part award

Contributor: Leigh Herd

In Petition in arbitration appeal number 2 of 2019 [2020] CSOH 51 (28 May 2020), the Scottish Courts have refused an application made under Rule 58 of the Scottish Arbitration Rules (SAR) relating to when the petitioner could have an arbitrator’s part award clarified, or the removal of an alleged ambiguity within it.

5 June 2020

Step by step guide: how to manage a redundancy process

Contributor: Neil Maclean

This step by step guide from the Shepherd and Wedderburn employment team explains the consultation process for collective and individual redundancies. 

27 May 2020

The TCC avoids interfering with contractual dispute resolution mechanism

Contributor: Iain Drummond

The recent decision of the Technology and Construction Court (TCC) in Taylor Wimpey UK Ltd v Harron Homes Ltd is a reminder of the importance of complying with contractual dispute resolution clauses.

18 May 2020

Improvement and prohibition notices: Health and safety enforcement notices explained

Contributor: Kevin Clancy

Kevin Clancy highlights the key differences between improvement and prohibition notices issued by health and safety inspectors and suggests what action recipients can take to best navigate the process.

5 May 2020

How to resolve disputes with business partners

Contributor: Gillian Carty

Recent events have put a strain on my relationship with my business partners and we cannot agree on how to proceed. What are my legal options?

5 May 2020

Litigation funding: new litigation funding options in Scotland

Contributor: John MacKenzie

As of 28 April 2020, implementing regulations have enabled Scottish solicitors to enter into Damages Based Agreements with their clients for the first time. 

28 April 2020

Operational PPP contract management: An operating model

Contributor: Stephen Colliston

Scottish Futures Trust publishes guide explaining the operating model currently in place in relation to the contract management of PPP, PFI, hub and NPD health and education projects in Scotland. 

28 April 2020

Programme Approach: Handback of PPP Projects

Contributor: Stephen Colliston

Scottish Futures Trust (SFT) publishes Programme Approach to Handback, which covers various issues Authorities, Project Cos and FM Providers should be aware of prior to the Handback of Facilities.

28 April 2020

Bank of England’s TFSME – help for lenders and SMEs during COVID-19

An update on the Bank of England’s Term Funding Scheme with Additional Incentives for Small to Mid-size Enterprises (TFSME).

27 April 2020

Discharging title conditions – Am I stuck with real burdens affecting my land?

Contributor: Katie McNab

The recent case of Toomey v Smith and Hall shines a light on the power of the Lands Tribunal to vary and extinguish title conditions.  

20 April 2020

COVID-19: Independent schools must revise their strategies

Lorna Brown details steps independent schools can take to mitigate financial strain in light of the COVID-19 outbreak.

9 April 2020

COVID-19: key issues for commercial tenants

With the COVID-19 pandemic continuing to cause an unprecedented disruption to UK businesses, commercial tenants are naturally anxious about how their lease obligations may be affected. What key issues should you be considering?

6 April 2020

The Lewis crofters’ victory overturned

Contributor: Stephanie Hepburn

Use of common grazing land near Stornoway airport by crofters has been stopped, opening up the development potential of the land. This article looks at the Court of Session’s decision that the land was the subject of compulsory purchase during World War Two, overturning the crofters’ earlier Land Court victory.

6 April 2020

Carbon offsetting: opportunities for rural clients

Contributor: Richard Leslie

Carbon offsetting offerings can provide rural landowners with unique opportunities, writes Richard Leslie.

2 April 2020

COVID 19: managing landlord-tenant relationships

Contributor: Jonathan Rickard

A checklist of issues for landlords to consider and to help sustain cooperative landlord-tenant relationships.

2 April 2020

COVID-19: emergency changes to housing legislation in Scotland

Some of the proposed changes in relation to evictions and tenancies that will be coming into force once the Coronavirus (Scotland) Bill becomes law.

1 April 2020

COVID-19: The Coronavirus (Scotland) Bill: impact on Commercial Lease Arrangements

Irritancy in Scotland: an update for commercial landlords in light of the Scottish Parliament introduction of The Coronavirus (Scotland) Bill. 

30 March 2020

COVID-19: Should I negotiate via video-link?

Contributor: Leonore Dupont

Should you negotiate with counterparts when working remotely as a result of the global COVID-19 pandemic? Leonore Dupont details best practice for doing so and the potential pitfalls to avoid.

12 March 2020

Reducing Capital Gains Tax after cuts to Entrepreneurs’ Relief

Contributor: Douglas Sinclair

With HMRC cutting the level of Entrepreneurs’ Relief, what other options are available to reduce tax exposure on business sales?

11 March 2020

Resolving rural disputes: watch webinars on nuisance, succession to agricultural tenancies and crofting law

Contributor: Hamish Lean

Watch again as our rural law experts provide information and guidance on resolving rural disputes over succession in relation to agricultural tenancies, and dealing with nuisance, harm and disturbance in the rural sector.

10 March 2020

EU ruling has lessons for mortgage lenders considering SONIA-linked loans

Contributor: Peter Alderdice

The European Union’s Court of Justice has handed down a preliminary ruling this month in a Spanish case that sheds light on the transparency requirement for variable interest rates under mortgage loan agreements.