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3 May 2016

Unconventional Oil and Gas in the UK

Contributor: Stephen Trombala

In December 2015, the Task Force on Shale Gas, chaired by Lord Chris Smith, published its findings following a year-long examination into how shale gas exploration should be overseen, concluding that shale gas could be produced safely and usefully in the UK. The Department of Energy and Climate Change and the Department for Communities and Local Government also published a joint policy statement, emphasising the need to explore shale resources in a safe, sustainable and timely way. 

29 April 2016

Property Disputes Update – Spring 2016

In our spring issue we have a mixed bag: we look again at how competition law affects property agreements, highlight the need for clear drafting, set out key points from another decision flowing from the Good Harvest and House of Fraser cases on the validity of assignments, and finish on an onward and most definitely upward note as we report the latest news on the 22 Bishopsgate tower. We start, however, with a case that should reassure landlords whose tenants return the keys.

26 April 2016

Going Global: International Employment Guide

Contributor: Neil Maclean

Our international employment guide provides an overview of various issues, including the territorial scope of UK employment law, international employment contracts, hiring and seconding staff overseas, and using restrictive covenants to protect organisations. 

25 April 2016

Navigating the Iranian Sanctions Regime

Contributor: Alison Rochester

Earlier this year, the sanctions regime in relation to trade with Iran was relaxed, but pitfalls still remain.

20 April 2016

Watch our Rural Litigation webinar for an update on Wayleaves

Contributor: Elaine Brailsford

In this recorded webinar, our speakers share their knowledge and expertise of the current law surrounding wayleaves and discuss some recent key cases in this area.

19 April 2016

Terminating a contract at common law – do the contractual termination provisions apply?

Contributor: Iain Drummond

This article examines the recent case of Vinergy International (PVT) Ltd v Richmond Mercantile Limited FZC [2016] EWHC 525 (Comm), where the court considered whether a contracting party exercising its common law right of termination must at the same time comply with the contractual termination provisions.

13 April 2016

Thinking of re-mortgaging? Beware of hidden costs

Contributor: Peter Alderdice

A change to the law in Scotland means hidden costs for some property owners looking to re-mortgage

13 April 2016

Is it unreasonable to wait a year for a court decision? If so, what are the consequences?

Contributor: Natasha Durkin

Earlier this month the Inner House of the Court of Session considered how long parties should have to wait for decisions from the court, and whether excessive delay meant that a fair trial had not taken place. 

11 April 2016

The Lobbying (Scotland) Bill Passed by Scottish Parliament

Contributor: Natasha Durkin

A briefing on recently passed legislation which seeks to regulate lobbying in Scotland, with significant consequences for how businesses and other organisations engage with the Scottish Government and Members of the Scottish Parliament. 

11 April 2016

Scottish prosecutors reach 4th civil bribery settlement – for £2.2 million

Contributor: Natasha Durkin

Scotland’s prosecution service has announced a 4th civil settlement following a self-report of bribery offences. Scotland is the only place in the UK where bribery penalties can be agreed in a civil process, without the involvement of the courts. We think that the Scottish approach is more flexible and advantageous to businesses; however the lack of judicial scrutiny means there is limited transparency in the process, which makes it difficult to assess whether the agreements are fair and appropriate. 

8 April 2016

The PSC Register and Corporate Trustees

Contributor: Louisa Knox

In this article we explain the consequences of the introduction of a PSC Register under the Small Business, Enterprise and Employment Act 2015 for corporate trustees of UK pension schemes.

18 March 2016

Harbour porpoise Special Areas of Conservation in UK waters

Contributor: Scott McCallum

This article provides an update on Special Areas of Conservation for harbour porpoise in UK waters

10 March 2016

Brexit Analysis Bulletin – Intellectual Property

Contributor: Joanna Boag-Thomson

This Brexit Analysis Bulletin explores the effects of a vote to leave the EU on the intellectual property system.

10 March 2016

Assignation of agricultural tenancies in Scotland: changes afoot

Contributor: Stuart Greenwood

The word ‘radical’ has been used by both supporters and critics alike when commenting on the various proposals set out by the Scottish Government in the Land Reform (Scotland) Bill. This gives a flavour of the tone of the debate. Both sides have also been particularly vocal on the previously little discussed topic of succession and assignation of secure agricultural tenancies. The implications of the proposals are discussed in this briefing.

4 March 2016

High Court overrules Pensions Ombudsman in pension transfer case

Contributor: Louisa Knox

In this article, we look at the High Court’s recent judgment in Hughes v The Royal London Mutual Insurance Society, where it overturned a decision by the Pensions Ombudsman in relation to a suspected pension liberations transfer.

26 February 2016

Outgoing Lenders: be careful what you release

Contributor: Fiona Buchanan

A recent appeal decision by the Scottish Court of Session highlights the duty of care owed by a borrower’s solicitor to an outgoing lender, as well as serving as a reminder to lenders to be certain of outstanding liabilities when they discharge security. 

11 February 2016

Is “duty to mitigate loss” a misnomer?

Contributor: Iain Drummond

It is often said that where a breach of contract occurs, the innocent party has a duty to mitigate its loss. In fact, no such duty exists in law. Instead, it is a general principle that recoverable damages following a breach of contract will be assessed on the assumption that the innocent party has taken reasonable steps to mitigate its losses.

11 February 2016

Watch our property dispute resolution webinar for a recent case law update

Hear from our property litigation experts as they share their knowledge and experience by discussing recent cases involving property disputes, highlighting the key issues affecting commercial landlords and tenants, developers and surveyors.

4 February 2016

Small Business, Enterprise and Employment Act 2015

Contributor: Stephen Trombala

An overview of the key changes to UK company law following implementation of the Small Business, Enterprise and Employment Act 2015 

4 February 2016

Hear from our construction dispute experts as they discuss the top five adjudication cases of 2015

Contributor: Iain Drummond

In this final part of the construction case law update series, our construction dispute specialists review what they consider to be the top five adjudication cases of 2015 involving construction disputes, highlighting the key aspects in each.

3 February 2016

Property Disputes Update: February 2016

 Shepherd and Wedderburn’s Property Disputes Update, brings you analysis and commentary on recent and important cases and succinct guidance on the onerous new requirements for landlords which come into force under the Immigration Act 2014.

2 February 2016

Revised Code of Good Practice on Pension Incentive Exercises – key points to note

Contributor: Andrew Holehouse

The Incentive Exercises Monitoring Board published a revised and updated version of its Code of Good Practice on Incentive Exercises for Pensions on 1 February 2016. The Code, originally published in June 2012, has been updated to reflect recent industry developments and practices including the 2015 pension flexibilities. 
Our article highlights the six key points to note on the revised Code and will be of interests to sponsoring employers, trustees and others involved in the pensions industry.
 

27 January 2016

Kier Construction Limited v WM Saunders Partnership LLP: Refusal to Execute a Collateral Warranty

Contributor: Iain Drummond

This case arose in circumstances where a consultant refused to execute a collateral warranty that was requested more than 6 years post-completion, by which time proceedings had been raised against the main contractor for defects in the works. The court agreed to order the consultant to execute a warranty despite an “armada” of arguments that the consultant made for not doing so.

21 January 2016

Inner House (Scotland’s Appeal Court) upholds common sense approach to pension scheme amendments

In The Trustees of Scottish Solicitors Staff Pension Fund v Pattison & Sim,  the Inner House of the Court of Session has confirmed the general application of important principles to the interpretation of pension scheme amendments. This is an important decision that confirms the more practical approach adopted by the Scottish courts, as compared to the more technical approach applied in some English decisions.