Knowledge


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14 June 2019

What type of defect can prevent “practical completion”?

Contributor: Iain Drummond

The Court of Appeal provides its first guidance on the meaning of “Practical Completion” in 50 years.

4 June 2019

The Succession Reformation? Perhaps not yet!

Contributor: Gillian Campbell

Reform to succession law in Scotland moves slowly, writes private client partner Gillian Campbell.

3 June 2019

Adjudicator’s decision enforced despite failure to consider all evidence at adjudication

Contributor: Iain Drummond

J J Rhatigan & Co (UK) Ltd v Rosemary Lodge Developments Ltd.

23 May 2019

The perils of dying without a will

Contributor: Gillian Campbell

Making a will is very important, and there is much to be said for taking proper legal advice.

22 May 2019

Successful persuasion: the missing 93%

Contributor: Ben Pilbrow

How many of you have read the book ‘Silent Messages’?
How many of you have even heard of it or its author, Professor Albert Mehrabian?
Probably not that many.
By contrast, most of you have probably heard the key thesis of the book, stripped of its nuance and justification.
For the book is the original source of the much quoted ‘fact’ that:

20 May 2019

Mergers and Acquisitions: why immigration matters and how to get it right

Contributor: John Vassiliou

Holders of visa sponsor licences must be constantly mindful of the conditions placed upon them, particularly during a corporate transaction, where getting it wrong can lead to the licence, and with it the ability to sponsor key workers, being revoked.

7 May 2019

Marine finfish aquaculture: a new environmental framework

Contributor: Colin Innes

Significant opportunities for the growth of the finfish aquaculture sector in Scotland.

4 May 2019

Five things a buyer of a rural property needs to know

Contributor: Katie McNab

When buying a rural property, it is important to consider various issues that may be taken for granted in the purchase of a property in an urban area.

3 May 2019

Negotiations: Why do we avoid uncertainty?

Contributor: Leonore Dupont

Most of us know that it is important to understand our own motivations in any negotiation-type setting, but how many of you are aware of the natural cognitive biases that we are all prone to? And how these biases can influence both your decision-making processes and those of other people with whom you interact?

30 April 2019

Does letting fields for horses create an agricultural tenancy?

Contributor: Hamish Lean

Hamish Lean discusses the finer details of the Agricultural Holdings Acts as it relates to letting out fields for the use of horses. 

25 April 2019

Diligence: early involvement pays

Contributor: George Frier

George Frier writes on due diligence, and why having experts involved in the early stages of transactions will add significant value.

18 April 2019

Guarantees and implied waivers of legal advice privilege

Contributor: Andrew Kinnes

Andrew Kinnes explores the recent case raised by the former owners of department store chain McEwens of Perth against The Royal Bank of Scotland plc.

17 April 2019

Stopping issues from becoming crises: best practice for food business operators

Contributor: George Frier

Allergen-related issues can cause significant reputational issues. How can food business operators stop these issues from becoming a crisis? 

3 April 2019

Hitachi Zosen Inova AG Ltd v John Sisk + Son Ltd – the same disputes, but different?

Contributor: Iain Drummond

Are two adjudications “the same or substantially the same”? A recent decision by the Technology and Construction Court (TCC).

25 March 2019

Having the last word – finality clauses in leases

Contributor: Ann Stewart

Most commercial leases contain provisions for alternative dispute resolution, by referring any matter to an arbitrator or expert for determination, invariably providing their decision will be “final and binding on the parties”. But how final is “final”?

13 March 2019

Victory for Lewis Crofters in Airport Land Dispute

Contributor: Stephanie Hepburn

Highlands and Islands Airports Limited (HIAL) has failed to persuade the Scottish Land Court that crofting rights relating to an area of land adjacent to Stornoway Airport had been extinguished in the 1940s. 

13 March 2019

Planning and housebuilding: we are simply not building enough

Contributor: Ewan MacLeod

Planning law specialist Ewan MacLeod examines the amended Planning (Scotland) Bill, due to be debated in the Scottish Parliament in the coming months. 

5 March 2019

Negotiations: Why do we hate to lose?

Contributor: Leonore Dupont

Negotiating is a part of life.
Whether it’s a two year old toddler trying to ‘negotiate’ her way out of eating those vegetables at dinner, a tourist haggling in a bazaar, a salesperson trying to seal the deal or a business executive attending a mediation to resolve a dispute, it permeates every aspect of our lives.
Everyone needs to negotiate for something at some point, be it when asking for a salary raise or trying to clinch a multi-million pound buy-out contract.
But how effective a negotiator are you?

27 February 2019

Refresh of the Countryside Code

Contributor: Alexandra Lane

With the peak lambing season almost upon us, farmers across Scotland are calling for greater awareness of the ever-present threat of sheep worrying, and potential changes in the law carrying harsher penalties.

19 February 2019

Construction case law update – Top 5 adjudication cases of 2018

Contributor: Iain Drummond

The recording of our latest webinar, the Top 5 adjudication cases of 2018, is now available. 

13 February 2019

Rights of access vs right to privacy

Contributor: Stephanie Hepburn

How does the law determine public rights of access on and over land?

1 February 2019

Concussion in sport – the role of governing bodies

Contributor: Matt Phillip

In the face of looming class actions and an ongoing debate on head injuries and concussions, sports clubs and governing bodies are under pressure to strike a balance between player safety and the viability of grass roots sport.

25 January 2019

Construction case law update – Top 5 construction cases of 2018

Contributor: Nathaniel Buckingham

Read or watch our construction case law update, the Top 5 construction cases of 2018. 

20 January 2019

Acquiring rights of way by the passage of time

Contributor: Hamish Lean

Hamish Lean discusses the process known as ‘prescription’ and what is necessary to establish a public right of way.