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In Marks and Spencer PLC v Aldi Stores Limited, the Court of Appeal considered whether Aldi had infringed the registered designs of M&S gin-based liqueur bottles and reviewed the role of the “test period” allowed to designers.
Overview of a recent judgment which demonstrates the general principle that a servitude cannot be repugnant with the burdened proprietor’s ownership.
When a landlord and a tenant present competing interpretations of reinstatement and termination provisions, how is the true meaning identified?
Offshore wind has a critical role to play in reducing climate change emissions, while also delivering security of energy supply.
First published in Energy Voice.
To highlight Mental Health Awareness Week, Partner Fiona McKerrell led a Q&A with Andrew Russell, director of Arran Sense of Scotland, on the lessons he has learned over the years regarding self-care.
First published in The Herald.
A guide to the Employment (Allocation of Tips) Act 2023 and accompanying statutory Code of Practice on the fair and transparent distribution of tips.
We examine the recent Court of Session judgment of Lord Woolman in Lee Donald Barclay v Thorntons Trustees Limited and Others [2024] CSOH 18 and consider the evidential challenges that commonly arise in cases where a will is alleged to have been forged.
The Technology and Construction Court has recently handed down a decision in the case of McLaughlin & Harvey Ltd v LJJ Limited providing guidance on the “slip rule”.
The Government has published a Response to a recent Call for Evidence in relation to the National Security and Investment system setting out the Government’s plans, and key areas of focus, over the coming months.
As Scotland struggles to achieve challenging net zero targets, decarbonisation through the development of the hydrogen sector stands to be a powerful enabling force.
First published in The Herald.
Parties facing adverse decisions of ‘non-public’ UK regulatory bodies may be able to obtain judicial review of those decisions in Scotland in circumstances where (as a recent case illustrates) judicial review of those decisions is unavailable in England.
In Thatchers Cider Company Limited v Aldi Stores Limited, the High Court assessed whether Aldi’s cider had infringed Thatcher’s trademark and amounted to passing off, while considering the scope provided to “benchmarking” in product development.