Insights

Over recent months, ChatGPT has hit the news - and many of our phone and laptop screens - as the human race comes to terms with the rapid advances in artificial intelligence (AI) technology. In the workplace, there has been a gradual shift towards AI in recent years, expanding the use of AI in place of human decision-making in areas such as recruitment, management, and performance review. 

This article explores the current uses of AI and considers what legal pitfalls employers should be aware of to ensure their use of AI complies with all relevant legislation.

On 4 May 2023 the Scottish Parliament passed the long-awaited Moveable Transactions (Scotland) Bill. The Bill introduces wide-ranging reforms to the Scots law of assignation of rights and of security over moveable property, and heralds one of the biggest changes to commercial law in Scotland – and for the ability of Scottish businesses to access finance - for many years.

Almost 20 years in the making the package is the result of extensive consultation with stakeholders across the legal, financial services and general business communities, particularly in recent years as the final legislation was being drafted.

Considerable uncertainty surrounds Scotland’s Deposit Return Scheme (DRS), with the Circular Economy Minister having stated the scheme may not get the go-ahead if the UK Government does not provide the sought-after exemption from the Internal Market Act. With penalties for producers and retailers who fail to comply with the scheme requirements and uncertainty around how and if the scheme will be implemented, businesses will want and need to know: just what are they required to do?

Businesses can be significantly affected by the behaviour of regulated utilities, such as those operating water or transport infrastructure, with failure of these infrastructures resulting in considerable costs for firms. In this article, our Regulatory Risk and Compliance team discusses the increased risk of private court actions against underperforming regulated utilities, spurred on by greater accessibility of collective actions.

The regulatory impacts of the UK’s departure from the EU and its single market continue to emerge, creating challenges for businesses operating in the UK and involved in cross-border trade and investment.

Recent revelations about a long-running spat among the trustees of The Actors’ Benevolent Fund (ABF) have led to a very public dressing down from the Charity Commission for failings in governance. Justine McCluskey explores what led to the downfall and the difficult journey ahead for the new trustees.

In this article Caroline McGregor, senior solicitor in our Planning team, uses the recent Amazon Prime Video series 'Clarkson's Farm' to explore "permitted development". The article notes an attempt by Clarkson to open a restaurant within an existing, unused building highlighting the importance of understanding the regulations and of obtaining the necessary permissions prior to any development.

The current economic landscape is presenting challenges for many businesses. Our restructuring and business advisory specialists have provided a list of ten top tips if your business is facing financial distress.

Scotland has an enviable track record in onshore and offshore wind, and the Scottish Government’s commitment to wind power is a strong basis on which to grow our renewable capabilities. Recently there has been an upsurge in the focus of croft and common grazing land as a source of onshore renewable development, but how do we make this happen?

In owner managed businesses the lines between the commercial and the personal can often become blurred. We recognise not only the need to provide owner managers with high quality legal and strategic advice to help resolve disputes but also the importance of ensuring that their mental health gets the priority it deserves.

In this article, our Regulatory Risk and Compliance team (RRC team) discusses the increasing need for firms dealing with government to be alert to the impact of transparency and fair-dealing regulations and how changes in these rules pose risks and may also give rise to opportunities.

The government has set out new employment law measures in the policy paper ‘Smarter Regulation to Grow the Economy’. The measures include removing reporting requirements from the Working Time Regulations 1998, introducing rolled-up holiday pay, extending the exception for smaller businesses from the need to elect employee representatives under the TUPE Regulations, and limiting non-compete clauses to three months.